Opinion

Mack v. Wilcox County Board of Education

  • 218 So. 3d 774
  • 2016 Ala. LEXIS 100
Court
Supreme Court of Alabama
Filed
Sep 2, 2016
Status
Published
Author
Shaw
On the bench
Bolin, Bryan, Main, Murdock, Parker, Shaw, Stuart, Wise
Cited by
7 cases
Authority
More cited than 17.5%

'In Ex parte BAC Home Loans Servicing, LP , ... we clarified that the concept of standing was developed " 'for public law' cases, ... not 'private law' cases," and thus removed the gate-keeping function of standing from private-law cases.'

How later courts described this case

  • 'In Ex parte BAC Home Loans Servicing, LP , ... we clarified that the concept of standing was developed " 'for public law' cases, ... not 'private law' cases," and thus removed the gate-keeping function of standing from private-law cases.'

Written by the judges who cited it.

The opinion

SHAW, Justice

(concurring in part and concurring in the result).

. I concur in the.main opinion except as to footnote 7, as to which I concur in the result. ■ When it comes to the application of the -doctrine of standing, I do not believe that there will always be a strict binary distinction between public-law cases, in which the doctrine, applies, and private- or personal-law cases, in which it generally does not. See Ex parte BAC Home Loans Servicing, LP, 159 So.3d 31, 45 (Ala.2013) (noting, among other things, that there “ordinarily” is no question of standing where the plaintiff claims a. personal right to damages). Instead, in private-law cases generally, this Court has rejected the idea that a plaintiffs standing is implicated when he or she fails to support his or her case with supporting facts or legal theories. 159 So.3d at 46 .

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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