Special Report

Litigation: Editor's Picks

Our global newsroom covers litigation at every level, from bet-the-company cases involving multinational litigants to local personal injury lawsuits with statewide implications. Here you'll find the best of our litigation trend analysis and in-depth commentary from practitioners and judges, along with our coverage of key players, breaking news, game-changing rulings, major recoveries and international cases.

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.
Stephen Masciocchi and Jessica Smith Stephen Masciocchi and Jessica Smith

In Baker v. USD 229 Blue Valley, No. 20-3054, 2020 WL 6437964 (10th Cir. 2020), the U.S. Court of Appeals for the Tenth Circuit affirmed the district court’s dismissal of Baker’s putative class action complaint for lack of standing. Plaintiff Baker sued to invalidate various Kansas statutes 10th Circuit Spotlightthat require children to be vaccinated before attending school or other childcare. But those laws allow for religious exemptions, which Baker received and which allowed her son to attend pre-school. In an effort to establish standing, Baker advanced a series of arguments based on possible future harm, but the Tenth Circuit concluded that Baker’s theories failed to satisfy Article III’s requirements.

Baker’s claims related to Kansas’s vaccination laws

“Kansas law requires children in schools and child care facilities to be vaccinated unless a medical exemption or a religious exemption applies.” Id. at *1. First, any pupil who enrolls in school for the first time “shall present to the appropriate school board certification that the pupil has been vaccinated.” Id. (quotations omitted) (Kan. Stat. §72-6262(a)). The statute allows for religious exemptions to this vaccination requirement, and “[t]o qualify for a religious exemption, a pupil must submit ‘a written statement signed by one parent or guardian that the child is an adherent of a religious denomination whose religious teachings are opposed to such tests or inoculations.’” Id. (quoting Kan. Stat. §72-6262(b)(2)) (emphasis added).

Want to continue reading?
Become a Free ALM Digital Reader.

Benefits of a Digital Membership:

  • Free access to 1 article* every 30 days
  • Access to the entire ALM network of websites
  • Unlimited access to the ALM suite of newsletters
  • Build custom alerts on any search topic of your choosing
  • Search by a wide range of topics

*May exclude premium content
Already have an account?

Wage Hour Collective and Class LitigationBook

Written from the defense perspective, Wage Hour Collective and Class Litigation covers every step of a case, from complaint to certification, trial, verdict, settlement ...

Get More Information
 
 

ALM Legal Publication Newsletters

Sign Up Today and Never Miss Another Story.

As part of your digital membership, you can sign up for an unlimited number of a wide range of complimentary newsletters. Visit your My Account page to make your selections. Get the timely legal news and critical analysis you cannot afford to miss. Tailored just for you. In your inbox. Every day.

Copyright © 2021 ALM Media Properties, LLC. All Rights Reserved.