Out of an abundant zeal to be more precise and accurate, in light of the commentary by Chilli and forkup (great username by the way), I have gone on a quail hunt. I
have found some cases decided more on the deficiencies of some legal pleadings than on procedural bars such as “lack of standing.”
An Australian outlet summarized several cases. See,
https://www.news.com.au/world/north...t/news-story/d4f1fd532cfa6e9ccebc45793f0f6ab3 Like the Supreme Court case from Texas, many cases
were just procedural punts as I have been noting. However, it
also refers to
some cases where the complaints alleged either just hearsay (insufficient to raise the issues) or were too factually non-specific to permit the full hearing. That kind of dismissal is a bit of a blur. It is both procedural and somewhat on the merits (albeit on the merits of the
pleadings more than the merits of what a full hearing may have been able to demonstrate).
The list from the Australian piece still fails to show cases that made it as far as a full blown hearing on the merits. I don’t recall seeing any of those. You see, it is one thing (even assuming zero judicial bias) for a court to dismiss a case on technical pleading or other (procedural) grounds. It is another thing entirely where a case is
heard on the
merits and the plaintiff simply loses on that basis.