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Litigating standing in federal court can often feel like a frustrating game of whack-a-mole What good is a winning Article III standing defense if plaintiffs can simply refile their claims in more hostile state courts with looser standing and class-certification requirements? That prospect so frustrates defendants that sometimes they don t even bother raising standing objections in federal court It s not worth the trouble if winning on standing could land you in a worse forum Indeed, to avoid removal to federal court, some plaintiffs seeking to remain in state court even affirmatively disclaim suffering any concrete injury that would establish standing [1] But is suing in state court really such an easy end run around the U S Constitution s standing rules? Maybe not If you assume those federal rules never apply in state court, think again

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