# Blunt v. Lower Merion School District > Court of Appeals for the Third Circuit · September 12, 2014 · 767 F.3d 247 URL: https://www.frixlaw.com/law-library/cases/9803737 ## Case - **Full name:** Amber BLUNT, on Behalf of Herself and All Others Similarly Situated; Crystal Blunt; Michael Blunt, on Their Own Behalf and on Behalf of All Others Similarly Situated; S.H.; W.W.; Eric Allston, on His Own Behalf and on Behalf of All Others Similarly Situated; Lydia Johnson, on Her Own Behalf and on Behalf of All Others Similarly Situated; Linda Johnson; Carol Durrell, on Her Own Behalf and on Behalf of Her Minor Daughter S.H.; Chantae Hall, and on Behalf of All Others Similarly Situated; June Coleman, on Her Own Behalf and on Behalf of Her Minor Son, R.C., and on Behalf of All Others Similarly Situated; Lynda Muse, on Her Own Behalf and on Behalf of Her Minor Daughter Q.G. and on Behalf of All Others Similarly Situated; Christine Dudley, on Her Own Behalf and on Behalf of Her Minor Daughter W.W. and on Behalf of All Others Similarly Situated; The Concerned Black Parents of Mainline Inc.; The Mainline Branch of the NAACP v. LOWER MERION SCHOOL DISTRICT; The Lower Merion School Board; Pennsylvania Department of Education Linda Johnson, Lydia Johnson, Carol Durell, Chantae Hall, S.H., Christine Dudley, W.W., Eric Allston, June Coleman, R.C. Lynda Muse, and Q.G., Appellants in No. 11-4200; Amber Blunt, on Behalf of Herself and All Others Similarly Situated; Crystal Blunt; Michael Blunt, on Their Own Behalf and on Behalf of All Others Similarly Situated; S.H.; W.W.; Eric Allston, on His Own Behalf and on Behalf of All Others Similarly Situated; Lydia Johnson, on Her Own Behalf and on Behalf of All Others Similarly Situated; Linda Johnson; Carol Durrell, on Her Own Behalf and on Behalf of Her Minor Daughter S.H.; Chantae Hall, and on Behalf of All Others Similarly Situated; June Coleman, on Her Own Behalf and on Behalf of Her Minor Son, R.C., and on Behalf of All Others Similarly Situated; Lynda Muse, on Her Own Behalf and on Behalf of Her Minor Daughter Q.G. and on Behalf of All Others Similarly Situated; Christine Dudley, on Her Own Behalf and on Behalf of Her Minor Daughter W.W. and on Behalf of All Others Similarly Situated; The Concerned Black Parents of Mainline Inc; The Mainline Branch of the NAACP v. Lower Merion School District; The Lower Merion School Board; Pennsylvania Department of Education Amber Blunt, Crystal Blunt, Michael Blunt and Concerned Black Parents of Mainline Inc., Appellants in No. 11-4201; Amber Blunt, on Behalf of Herself and All Others Similarly Situated; Crystal Blunt; Michael Blunt, on Their Own Behalf and on Behalf of All Others Similarly Situated; S.H.; W.W.; Eric Allston, on His Own Behalf and on Behalf of All Others Similarly Situated; Lydia Johnson, on Her Own Behalf and on Behalf of All Others Similarly Situated; Linda Johnson; Carol Durrell, on Her Own Behalf and on Behalf of Her Minor Daughter S.H.; Chantae Hall, and on Behalf of All Others Similarly Situated; June Coleman, on Her Own Behalf and on Behalf of Her Minor Son, R.C., and on Behalf of All Others Similarly Situated; Lynda Muse, on Her Own Behalf and on Behalf of Her Minor Daughter Q.G. and on Behalf of All Others Similarly Situated; Christine Dudley, on Her Own Behalf and on Behalf of Her Minor Daughter W.W. and on Behalf of All Others Similarly Situated; The Concerned Black Parents of Mainline Inc; The Mainline Branch of the NAACP v. Lower Merion School District; The Lower Merion School Board; Pennsylvania Department of Education Lower Merion School District, Appellant in Appellant in No. 11-4315 - **Court:** Court of Appeals for the Third Circuit - **Decided:** September 12, 2014 - **Citations:** 767 F.3d 247; 2014 WL 4474002 - **Precedential status:** Published - **Opinion:** Concurrence by Ambro - **Judges:** McKee, Ambro, Greenberg - **Cited by:** 854 later opinions in the Frix Law Library ## Citator (automated) - No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases. - Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9803737 ## How later opinions describe it (automated extraction) - stating that the relevant factors in determining whether the causes of action in two cases are sufficiently alike include: “(1) whether the acts complained of and the demand for relief are the same . . .; (2) whether the theory of recovery is the same; (3) whether the witnesse… - finding no associational standing where “individual student plaintiffs are seeking monetary reimbursement” such that “organizational representation of th[em would be] insufficient without their personal par ticipation in this litigation” - concluding that an organization lacked standing to sue on behalf of its members because of the “highly individualized nature” of the claims - holding that the Title IX deliberate indiffer- ence standard is applicable to Title VI claims - concluding that “statistical evidence that [Black] students were overrepresented in special education classes” was insufficient to show a genuine issue of material fact that the school district engaged in intentional discrimination ## Opinion text AMBRO, Circuit Judge, concurring. I agree with and join in Judge Green-berg’s excellent and thorough opinion as to all but Part VIL B, which deals with whether Appellant Concerned Black Parents of Mainline Inc. (“CBP”) has standing to sue. Although standing is a jurisdictional requirement that cannot be waived, Pub. Interest Research Grp. of N.J., Inc. v. Magensium Elektron, Inc., 123 F.3d 111 , 117 n. 5 (3d Cir.1997), “the presence of one plaintiff with standing is sufficient to satisfy that requirement.” Forum for Academic & Institutional Rights v. Rumsfeld, 390 F.3d 219 , 228 n. 7 (3d Cir.2004) (citing *304 Bowsher v. Synar, 478 U.S. 714, 721 , 106 S.Ct. 3181 , 92 L.Ed.2d 583 (1986)), rev’d on other grounds, 547 U.S. 47 , 126 S.Ct. 1297 , 164 L.Ed.2d 156 (2006). The standing of the individual Plaintiffs here has never been challenged (nor should it). Thus the individual Plaintiffs confer standing and CBP’s standing as an organization is irrelevant. Were it necessary to decide, I would agree with Judge McKee that, under Havens Realty Corp. v. Coleman, 455 U.S. 363 , 102 S.Ct. 1114 , 71 L.Ed.2d 214 (1982), CBP has standing to sue on its own behalf. However, I also agree with Judge Green-berg that the claims of the individual Plaintiffs were properly dismissed at summary judgment. CBP, who shared counsel with some of the individual Plaintiffs, has not explained how, were it permitted to continue as a plaintiff in the case, it could prevail where the individual Plaintiffs have failed. Thus I agree with Judge Green-berg’s disposition of these appeals on their merits. For these reasons, I concur. --- Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9803737. Public record. Not legal advice.