Amitabho Chattopadhyay v. Bbva USA

Good Law
United States Court of Appeals for the Ninth CircuitOctober 26, 202121-15017California656 words

Opinion

Opinion

facts that are necessary to support the claim.” Lujan v. Defs. of Wildlife, 504 U.S.

555, 561 (1992) (citation and quotation marks omitted). To satisfy Article III

standing, a plaintiff “must have (1) suffered an injury in fact, (2) that is fairly

traceable to the challenged conduct of the defendant, and (3) that is likely to be

redressed by a favorable judicial decision.” Spokeo, Inc. v. Robins, 578 U.S. 330,

338 (2016). The issues in this appeal are whether the first two elements are met.

First, Plaintiffs have alleged an injury-in-fact sufficient to confer Article III

standing. To establish an injury-in-fact, a plaintiff must show that he suffered “an

invasion of a legally protected interest” that is “concrete and particularized” and

“actual or imminent, not conjectural or hypothetical.” Lujan, 540 U.S. at 560

2 (citations and quotation marks omitted).

Plaintiffs have a legally protected interest in making contracts free of

citizenship discrimination under Section 1981 and the Unruh Act. Section 1981

protects the “same right . . . to make . . . contracts . . . as is enjoyed by white citizens.”

42 U.S.C. § 1981(a). “The statute prohibits, when based on…

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