Statutory interpretation - Second Circuit holds that health care funds lack standing to sue tobacco companies under RICO - Laborers Local 17 Health & Benefit Fund v. Philip Morris, Inc

Article Abstract:

This article concerns Laborers Local 17 Health & Benefit Fund v. Philip Morris, Inc. decided by the U.S. 2d Circuit Court of Appeals which the author criticizes for its not properly applying the proximate cause test under RICO when denying standing to the health insurance fund which was attempting to recover damages from tobacco companies for costs related to illnesses caused by smoking. The U.S. Supreme Court case of Holmes v. Securities Investor Protection Corp. is examined.

Health insurance, Tobacco industry, Group insurance, Proximate cause (Law)

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Constitutional law - congressional standing - D.C. Circuit holds that members of Congress may not challenge the President's use of troops in Kosovo - Campbell v. Clinton

Article Abstract:

The author is critical of the ambiguity in the 2000 opinion of the US. Court of Appeals for the District of Columbia in Campbell v. Clinton where the court found that congressional members have no standing to challenge President Bill Clinton's engagement of U.S. troops in Kosovo.

Military aspects, Separation of powers, Legislative power, Kosovo, Executive power, Military assistance, American, American military assistance

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Federal courts - intervention - D.C. Circuit holds that Article III standing is a prerequisite to intervention under 28 U.S.C. s. 2348. - Rio Grande Pipeline Co. v. FERC

Article Abstract:

The author criticizes the holding of the U.S. D.C. Circuit Court of Appeals in Rio Grande Pipeline Co. v. FERC where the court held that Article III standing is a requirement for intervention in 28 U.S.C. 2348, limiting the court's power to review administrative agency orders.

Judicial review of administrative acts, Intervention (Civil procedure)

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