/>iQuick one for you today on the difference between standing and jurisdiction.
The two concepts are similar– and in some cases overlap– but they are distinct.
Standing refers to the Plaintiff’s ability to bring a certain claim.
Jurisdiction refers to the Court’s ability to hear a specific matter. And there are two kinds of jurisdiction– subject matter and personal. Subject matter jurisdiction refers to the court’s ability to hear cases of a certain type. Personal jurisdiction refers to the court’s ability to hear cases against particular parties.
The overlap between standing and jurisdiction is most complete when considering “subject matter jurisdiction” over a party who may not have been directly harmed by the defendant.
For instance, in Dobronski v. Training Force, 2025 WL 1427042 (E.D. Mich. May 16, 2025) Dobronski sued a company and its two owners for allegedy sending illegal faxes to him.
Rather than challenge standing of Dobrnski to sue them personally, Defendants moved to dismiss the individual defendants arguing the court lacked standing over them. However, since Dobronski had alleged the faxes at issue were directed to his Michigan fax number an as the individual defendants “personally directed, participated in, and authorized the unsolicited advertisements” they were stuck in the case in Michigan even though they resided far far away in Florida.
It's as simple as that, folks.
Interestingly, the defendants denied ever having sent the faxes at issue but the Court correctly focused on the allegations– which the court viewed as sufficient to determine jurisdiction.
Interestingly had standing been challenged there is an argument the case should have been dismissed since Dobronski cannot alleged his way around the fact that the defendants did not send the faxes. And since it is Dobronski’s burden to show the injury is “fairly traceable” to the defendant arguable the case should have been tossed.
Standing vs. Jurisdiction. The difference matters folks.
Regardless, Dobronski’s hot streak continues. And this is yet ANOTHER reminder of the PERSONAL LIABILITY risks presented by the TCPA!
