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Governments > State & Territorial Governments > Claims By & Against



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Governments > State & Territorial Governments > Claims By & Against

[HN8] In order to maintain a parens patriae action, a state must articulate an interest apart from the interests of particular private parties, i.e., the state must be more than a nominal party. The state must express a quasi-sovereign interest. Although the articulation of such interests is a matter for case-by-case development -- neither an exhaustive formal definition nor a definitive list of qualifying interests can be presented in the abstract -- certain characteristics of such interests are so far evident. These characteristics fall into two general categories. First, a state has a quasi-sovereign interest in the health and well-being -- both physical and economic -- of its residents in general. Second, a state has a quasi-sovereign interest in not being discriminatorily denied its rightful status within the federal system.



Civil Procedure > Justiciability > Case or Controversy Requirements > Actual Disputes


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