enforce claim in Delaware

2024Standing “refers to the right of a party to invoke the jurisdiction of a court to enforce a claim or redress a grievance.” Stuart Kingston, Inc. v. Robinson, 596 A.2d 1378, 1382 (Del. 1991).

2022In order to have standing, the party seeking to pursue a claim must have the right to invoke the jurisdiction of a court to enforce the claim or redress the grievance.100 Where, as here, a party is not contending the court lacks subject matter jurisdiction to grant relief to any plaintiff, but rather is contending the court cannot grant relief to a particular plaintiff, the motion properly is analyzed under Rule 12(b)(6) on the theory that “the plaintiff has failed to plead a necessary element of a cognizable claim . . . .”101 In deciding a Rule 12(b)(6) motion, this Court (i) accepts as true

2026Comm’n, 838 A.2d 1103, 1110 (Del. 2003). 25 “The term ‘standing’ refers to the right of a party to invoke the jurisdiction of a court to enforce a claim or to redress a grievance.”41 Standing “is concerned only with the question of who is entitled to mount a legal challenge and not with the merits of the subject matter of the controversy.”42 Federal courts have developed an extensive body of standing jurisprudence that interprets Article III of the United States Constitution as a constraint on the scope of federal judicial power.

2024Comm’n, 838 A.2d 1103, 1110 (Del. 2003) (“The term standing refers to the right of a party to invoke the jurisdiction of a court to enforce a claim or to redress a grievance.

2019“The concept of standing, in its procedural sense, refers to the right of a party to invoke the jurisdiction of a court to enforce a claim or redress a grievance.” Schoon v. Smith, 953 A.2d 196, 200 (Del. 2008) (en banc) (quoting Stuart Kingston, Inc. v. Robinson, 596 A.2d 1378, 1382 (Del. 1991)) (internal quotation marks omitted).

2017At the hearing, Mergenthaler briefly argued that Triumph did not have sufficient standing to “raise any issues with respect to [its] praecipe on [Merrill Lynch].”4 Conversely, Triumph contended that “it’s our money,” that it’s “within the zone of interest” to be protected and that if the garnishment is allowed to proceed, it will cause injury.5 As a general matter, “[s]tanding is the requisite interest that must exist in the outcome of the litigation at the time the action is commenced.”6 As further explained by the Delaware Supreme Court: The concept of standing, in its procedural sense, refe

2021Tr.”); D.I. 31 (letter regarding authority mentioned for the first time at oral argument). 14 to the right of a party to invoke the jurisdiction of a court to enforce a claim or redress a grievance.”62 “Standing is properly a threshold question that the Court may not avoid,”63 and “a legal question that is well suited to resolution on a motion to dismiss.”64 “Where, as here, the question of standing is so related to the merits,” and asks “not whether the Court can grant the requested relief to any plaintiff, but rather whether the Court can grant the requested relief to [this] plaintiff[], the

2019In a general sense, “the concept of ‘standing’ . . . refers to the right of the party to invoke the jurisdiction of a court to enforce a claim or redress a grievance.”88 To establish standing, (1) the plaintiff must have suffered an injury in fact—an invasion of a legally protected interest which is (a) concrete and particularized and (b) actual or imminent, not conjectural or hypothetical; (2) there must be a causal connection between the injury and the conduct complained of—the injury has to be fairly traceable to the challenged action of the defendant and not the result of the independent a

2026“Delaware courts are not bound by the federal rules of justiciability.”43 Unlike the federal courts, “state courts apply the concept of standing as a matter of self-restraint to avoid the rendering of advisory opinions at the behest of parties who are ‘mere intermeddlers.’”44 State courts nevertheless often look to federal precedent as persuasive authority.45 “To establish standing, a plaintiff or petitioner must demonstrate first, that he or she sustained an ‘injury-in-fact’; and second, that the interests he or she seeks to 41 Id. (citing Stuart Kingston, Inc. v. Robinson, 596 A.2d 1378, 138

2025Co. v. WMI Liquidating Trust, 93 A.3d 1208, 1216 (Del. 2014). 31 In re COVID-Related Restrictions on Religious Services, 326 A.3d 626 , 642-43 (Del. 2024) (quoting Rollins Int’l v. Int’l Hydronics Corp., 303 A.2d 660, 662-63 (Del. 1973)). 32 Def.

2025Co. v. WMI Liquidating Trust, 93 A.3d 1208, 1216 (Del. 2014). 31 In re COVID-Related Restrictions on Religious Services, 326 A.3d 626 , 642-43 (Del. 2024) (quoting Rollins Int’l v. Int’l Hydronics Corp., 303 A.2d 660, 662-63 (Del. 1973)). 32 Def.

2024Consequently, a litigant has an obligation to spell out its arguments squarely and distinctly, or else forever hold its peace.”). 129 Kost v. Kozakiewicz, 1 F.3d 176, 182 (3d Cir. 1993). 30 that the alleged violations of their constitutional rights necessarily confer standing upon them.130 At oral argument, Appellants argued that standing exists “because the Constitutional protection is there to protect them” and “by having their religious worship rights stripped away, they suffered injury that gives them standing.”131 This Court has previously held that: The term “standing” refers to the righ

2022Co., LLC v. EV3, Inc., 937 A.2d 1275, 1285 (Del. 2007). 102 Cent.

2022A. Standing “Standing” refers to the right of a party to invoke the jurisdiction of a court to enforce a claim or redress a grievance.130 “Standing is a threshold question that must 125 Answering Br. at 6. 126 Id. at 40. 127 Cerberus Int’l, Ltd. v. Apollo Mgmt., L.P., 794 A.2d 1141, 1153 (Del. 2002). 128 Rosenbloom v. Esso Virgin Islands, Inc., 766 A.2d 451, 458 (Del. 2000). 129 Doe v. Wilm.

2022A. Standing “Standing” refers to the right of a party to invoke the jurisdiction of a court to enforce a claim or redress a grievance.130 “Standing is a threshold question that must 125 Answering Br. at 6. 126 Id. at 40. 127 Cerberus Int’l, Ltd. v. Apollo Mgmt., L.P., 794 A.2d 1141, 1153 (Del. 2002). 128 Rosenbloom v. Esso Virgin Islands, Inc., 766 A.2d 451, 458 (Del. 2000). 129 Doe v. Wilm.

2022In order to have standing, the party seeking to pursue a claim must have the right to invoke the jurisdiction of a court to enforce the claim or redress the grievance.100 Where, as here, a party is not contending the court lacks subject matter jurisdiction to grant relief to any plaintiff, but rather is contending the court cannot grant relief to a particular plaintiff, the motion properly is analyzed under Rule 12(b)(6) on the theory that “the plaintiff has failed to plead a necessary element of a cognizable claim . . . .”101 In deciding a Rule 12(b)(6) motion, this Court (i) accepts as true

2022Nevada sold its shares of New Match stock on July 13, 2021, before filing the Amended Complaint.92 Standing “refers to the right of a party to invoke the jurisdiction of a court to enforce a claim or redress a grievance.”93 Standing is required to “ensure that the litigation before the tribunal is a ‘case or controversy’ that is appropriate for the 89 Kahn v. M & F Worldwide Corp. (MFW), 88 A.3d 635, 645 (Del.

2020Standing “refers to the right of a party to invoke the jurisdiction of a court to enforce a claim or redress a grievance.”16 Generally, to have standing, a plaintiff must have “(1) suffered an injury in fact – an invasion of a legally protected interest which is (a) concrete and particularized and (b) actual or imminent, not conjectural or hypothetical; (2) there must be a causal connection between the injury and the conduct complained of – the injury has to be fairly traceable to the challenged action of the [defendant] and not the result of the independent action of some third party not befo

2019Our Supreme Court has recognized the standing requirements set forth in Lujan v. Defena'ers of Wildlife22 as generally the same for Delaware state courts.23 To bring an action in Delaware, one must establish standing by showing: (1) an injury-in-fact to a legally protected interest that is concrete and particularized, actual or imminent, and not conjectural or hypothetical; (2) a causal connection between the injury and the defendant's conduct; and (3) that the claim is redressable by a favorable decision.24 During the litigation process, parties' standing may change as a result from a myriad

2019Our Supreme Court has recognized the standing requirements set forth in Lujan v. Defena'ers of Wildlife22 as generally the same for Delaware state courts.23 To bring an action in Delaware, one must establish standing by showing: (1) an injury-in-fact to a legally protected interest that is concrete and particularized, actual or imminent, and not conjectural or hypothetical; (2) a causal connection between the injury and the defendant's conduct; and (3) that the claim is redressable by a favorable decision.24 During the litigation process, parties' standing may change as a result from a myriad

2019DISCUSSION A. STANDING “The concept of ‘standing,’ in its procedural sense, refers to the right of a party to invoke the jurisdiction of a court to enforce a claim or redress a grievance.”46 “It is concerned only with the question of who is entitled to mount a legal challenge and not with the merits of the subject matter of the controversy.”47 “[S]tate courts apply the concept of standing as a matter of self- restraint to avoid the rendering of advisory opinions at the behest of parties who are ‘mere intermeddlers.’”48 43 Wit Capital Group, Inc. v. Benning, 897 A.2d 172, 179 (Del. 2006). 44 Su

2016Corp. v. Cede & Co., 657 A.2d 254, 264 (Del. 1995) (citing Stuart Kingston, 596 A.2d at 1382 ). 14 that is appropriate for the exercise of the court‟s judicial powers.”22 Whether a party has standing is a question of law that is subject to de novo review.23 Derivative standing is a “creature of equity”24 that was created to enable a court of equity to exercise jurisdiction over corporate claims asserted by stockholders “to prevent a complete failure of justice on behalf of the corporation.”25 We have observed that “[a] change in the parties‟ standing may result from a myriad of subsequent lega

2015Discussion A. The Elements of Standing “The concept of ‘standing,’ in its procedural sense, refers to the right of a party to invoke the jurisdiction of a court to enforce a claim or redress a grievance.” 14 It is concerned with the question of who is the proper party entitled to mount a legal challenge.15 State courts apply the concept of standing “as a matter of self-restraint to avoid the rendering of advisory opinions at the behest of parties who are ‘mere intermeddlers.’” 16 Ordinarily, a litigant must assert his or 11 Doe 30’s Mother v. Bradley, 58 A.3d 429, 443 (Del.