Second Circuit Review: Injury-in-Fact in Discrimination Cases

Litigation of counsel Martin Flumenbaum and firm Chairman Brad Karp’s latest Second Circuit Review column, “Injury-in-Fact in Discrimination Cases,” appeared in the January 30 issue of the New York Law Journal. The authors discuss a rare and unanimous en banc ruling in Soule v. Connecticut Association of Schools in which the court found that the denial of equal opportunity in violation of the Title IX antidiscrimination statute is a cognizable injury in fact for standing purposes. Plaintiffs alleging discriminatory treatment in violation of Title IX may seek to rely on this decision in the future when opposing claims that they have not suffered an appropriate injury. The court, however, diverged on a number of other standing issues, including redressability and availability of monetary damages, which illustrates the underlying tension between ensuring access to justice and enforcing appropriate limitations on judicial power. Litigation associate Adam Littlestone-Luria assisted in the preparation of this column.

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