Sommerville v. Union Carbide and Covestro LLC

4th Circuit

(4th Circ., filed September 9, 2025): Supporting rehearing en banc. Arguing that Article III standing requires an injury that is concrete and particularized, not speculative or hypothetical.  The panel majority misapprehended Sommerville’s injury and incorrectly relied on state law in finding Sommerville’s claimed injury sufficiently concrete. 

Status: On November 4, the Court denied the petition for en banc rehearing.

Share This Post:
The American Tort Reform Association is the nation’s first organization dedicated exclusively to reforming the civil justice system through education and legislative enactment.

To receive occasional updates from ATRA, enter your email address:
By subscribing, you agree to our Privacy Policy and consent to receive updates.
© 2026 ATRA. All rights reserved.