What is the test to determine whether a plaintiff has a valid claim to be able to continue to sue for damages?

MultiRegion, United States of America

The following excerpt is from U.S. v. Harding, 971 F.2d 410 (9th Cir. 1992):

4 This approach was deemed constitutional in United States v. Hoyt, 879 F.2d 505 (9th Cir.), amended, 888 F.2d 1257 (9th Cir.1989) and United States v. Savinovich, 845 F.2d 834.

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