In a typical situation, defendants argue that plaintiffs lack standing and plaintiffs insist otherwise.  But, sometimes, the lack of standing can work in plaintiffs’ favor.  In Benton v. CVS Pharmacy, Inc., 2022 WL 1750462 (N.D. Cal. May 31, 2022), plaintiffs took the unusual step of arguing that they lacked Article III standing to bring their claims in federal court in order to have their case remanded back to state court.

Continue Reading To Defeat Dismissal, Plaintiffs Win By Losing Standing