The U.S. Court of Appeals for the Eleventh Circuit reversed and remanded a disability rights case over closed captioning on videos that could become one of the first in which a plaintiff seeks damages for past harm based on an inaccessible website. But it’s Judge Kevin C. Newsom’s concurring opinion on standing that has lawyers paying attention.

In a 57-page concurring opinion, which is more than five times the length of the majority opinion, Newsom said the doctrine that a plaintiff must allege an injury to establish standing under Article III of the U.S. Constitution should be reviewed and replaced.

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