law-associational-standing | standing generally, standing doctrine | stake in justiciable controversy |
representative capacity | class action on behalf of all similarly situated |
suing as next friend |

ASSOCIATIONAL STANDING  

[A]n association claiming to have associational standing to seek declaratory relief as a third party to a
contract must show that: (1) its members have standing to sue on their own behalf, (2) the interests the
organization seeks to protect are germane to the organization's purpose, and (3) neither the claim nor the
relief requested requires the participation of individual members in the lawsuit. Id. at 308; Tex. Ass'n of Bus.,
852 S.W.2d at 447-48; Am. Acad. of Emergency Med. v. Memorial Hermann Healthcare, No.
01-08-00096-CV, 2009 WL 214507, at *4 (Tex. App.-Houston [1st Dist.] Jan. 29, 2009, no pet.); Wilchester
W. Concerned Homeowners LDEF, Inc. v. Wilchester W. Fund, Inc., 177 S.W.3d 552, 561 (Tex.
App.-Houston [1st Dist.] 2005, pet. denied).
Cassidy v. TeamHealth, Inc. (Tex.App.- Houston [1st Dist.] Jul. 23, 2009)(Jennings)(no standing to pursue
declaratory judgment claim, plea to the jurisdiction, opportunity to amend pleadings not exercised)
AFFIRM TC JUDGMENT: Opinion by
Justice Jennings   
Before Justices Jennings, Keyes and Higley  
01-08-00324-CV  Crystal Cassidy v. The American Academy of Emergency Medicine, The Texas Academy of
Emergency Medicine and Richard J. Ybarra v. TeamHealth, Inc., TeamHealth, P.A., Memorial Hermann
Healthcare System, ACS Primary Care Physcians Southwest, P.A., and Teamhealth West   
Appeal from 80th District Court of Harris County
Trial Court Judge:
Hon. Lynn Bradshaw-Hull

American Academy of Emergency Medicine v. Memorial Hermann Healthcare System
(Tex.App.- Houston [1st Dist.] Jan. 29, 2009)(Jennings)(plea to the jurisdiction granted, subject matter
jurisdiction, declaratory judgment, associational standing)
AFFIRM TC JUDGMENT: Opinion by Justice Jennings  
Before Justices Jennings, Hanks and Bland
01-08-00096-CV American Academy of Emergency Medicine and Humble Emergency Physicians, P.A. v.
Memorial Hermann Healthcare System, Inc., Team Health, Inc. and ACS Primary Care Physicians-Southwest,
P.A.--Appeal from 295th District Court of Harris County
Trial Court Judge:
Hon. Tracy Christopher  


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