Friday, August 26, 2011

Sixth Circuit -- Christina Roberts v. Christopher Hamer

Children of a lessee have no statutory standing to sue for lead paint violations under RLPHRA.

Statutory standing is dismissed under 12(b)(6), not subject matter jurisdiction.

Even where children have legal status of third-party beneficiaries under state law, plain reading of federal statute reveals Congress' intent to limit.

Christina Roberts v. Christopher Hamer
Compiled by D.E. Frydrychowski, who is, not incidentally, not giving you legal advice.

Category tags above are sporadically maintained Do not rely. Do not rely. Do not rely.

Author's SSRN page here.