Alexandra Shulman Quoted in Law360 Employment Authority
May, 2024 - Los Angeles, California
Wash. Pay Range Suits Meet Early Crossroads On Standing
Jon Steingart, Law360 Employment Authority
May 20, 2024
"Alexandra Shulman, a Buchalter PC attorney who represents employers, told Law360 that standing is a jurisdictional issue, which means a federal court has to relinquish a case if it determines the plaintiff doesn't have standing.
"Article III standing is an easy thing for the court to kick the case back to state court on because it's jurisdictional," she said. "It's not appropriate for them to have the case."
Arguments an employer could successfully make in federal court to demonstrate that a worker lacks standing probably wouldn't be persuasive in state court, she said.
State courts rarely grant a motion to dismiss because they simply look to the statute at issue to see whether the plaintiff alleged a violation, she said.
"There is no Article III standing in state court," she said. "There are other types of standing. Here, probably statutory standing is what people would think of."
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