Patrick Berry v. webloyalty.com, Inc.

MEMORANDUM

Plaintiff Patrick Berry appeals the district court’s dismissal of his suit for failure to state a claim against Webloyalty.com and Movietickets.com. We vacate and remand because Berry lacks Article III standing.

“To invoke the jurisdiction of the federal courts,” Berry “must satisfy the threshold requirement imposed by Article III of the Constitution by alleging an actual case or controversy.” City of Los Angeles v. Lyons, 461 U.S. 95, 101 , 103 S.Ct. 1660 , 75 L.Ed.2d 675 (1983). To have constitutional standing under Article III, a party must demonstrate an injury in fact that is traceable to the challenged action and that is likely to be redressed by a favorable decision. Lujan v. Defenders of Wildlife, 504 U.S. 555, 560 , 112 S.Ct. 2130 , 119 L.Ed.2d 351 (1992). At the motion to dismiss stage, we accept as true all factual allegations in the complaint and draw all reasonable inferences therefrom in the nonmov-ing party’s favor. Ass’n for L.A. Deputy Sheriffs v. Cnty. of L.A, 648 F.3d 986, 991 (9th Cir.2011). “[Bjecause issues of constitutional standing are jurisdictional, they must be addressed whenever raised.” Pershing Park Villas Homeowners Ass’n v. United…