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NEW YORK v. NIAGARA-WHEATFIELD CENT. SCH. DIST.

Docket No. 22-2178-cv August Term, 2023.

119 F.4th 270 (2024)

People of the State of NEW YORK, BY Letitia JAMES, Attorney General of the State of New York, Plaintiff-Appellant, v. NIAGARA-WHEATFIELD CENTRAL SCHOOL DISTRICT, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided: October 15, 2024.

Attorney(s) appearing for the Case

Alexandria Twinem (Barbara D. Underwood, Andrea Oser, on the brief), for Letitia James, Attorney General for the State of New York, Albany, NY, for Appellant.

Daniel R. Lecours (Svetlana K. Ivy, on the brief), Harris Beach PLLC, Albany, NY, and Pittsford, NY, for Appellee.

Judge Cabranes concurs dubitante in a separate opinion.

This appeal requires us to identify what a state bringing a lawsuit in a federal court must show to establish so-called "parens patriae" standing. When a state sues in parens patriae, "literally[,] [as] `parent of the country'", it "traditionally [takes on] the role of ... sovereign and guardian of persons under...

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