A “fiscally sponsored nonprofit” group challenging Missouri abortion laws lacked capacity to sue or be sued in the state, a trial court said.
Plaintiff Right By You isn’t incorporated in and doesn’t have legal status in Missouri, and there’s no state precedent saying that a fiscally sponsored entity claiming to be a “project” of a foreign corporation has the legal capacity to sue in its own name, the Missouri Circuit Court, Jackson County, said Tuesday. Judge Sarah A. Castle dismissed the case without prejudice, meaning the plaintiff can refile the suit.
Capacity, like standing, is a threshold issue that can ...