Kennedy v. Ferguson, 679 F.3d 998

Ferguson drafted Eugene Kennedy's 2000 will and kept the original in his office; a 2008 will purportedly revoked the 2000 will and Eugene kept the original 2008 will.
The 2000 will included a $30,000 educational fund for Kennedy; the 2008 will provided Kennedy a $1,000 bequest.
Eugene died in 2010; Ferguson opened probate and filed the 2000 will as Eugene's Last Will, while the original 2008 copy was never found.
In 2011, Ferguson informed Kennedy’s attorneys of the 2008 will and provided a copy; Kennedy could have been injured by revocation via intestacy or the 2008 will but lacked the original to prove destruction.
Kennedy settled with the other heirs for $1.6 million and agreed not to challenge the 2000 will, then filed a federal diversity suit alleging malpractice and constructive fraud against Ferguson.
The district court dismissed the federal action as not ripe, holding Kennedy could still challenge in probate but the estate remained open and no final distribution had occurred.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Is Kennedy's claim ripe in light of probate still open?	Kennedy may challenge the 2000 will via copy of the 2008 will under Arkansas law, and the longer limitations period applies.	Ripeness exists because probate remains open and Kennedy could still pursue probate remedies, so the federal suit is premature.	Not ripe; Kennedy may still raise a challenge in probate, so the federal suit is not yet cognizable.
Did Kennedy suffer a cognizable injury to support Article III standing?	Injuries arise from compelled attorney costs and time spent pursuing remedies to obtain a greater share.	Litigation expenses are not cognizable injuries; they are byproducts of suit and do not satisfy standing.	No standing injury; litigation costs alone do not support Article III standing.

Missouri Roundtable for Life v. Carnahan, 676 F.3d 665 (8th Cir.2012) (ripeness and standing in Article III analysis)
Care Committee v. Arneson, 638 F.3d 621 (8th Cir.2011) (standing and ripeness framework)
Diamond v. Charles, 476 U.S. 54 (Sup. Ct. 1986) (injury must be actual or imminent and not merely byproduct)
Proskauer Rose, LLP v. Blix Street Records, Inc., 384 F. App’x 622 (9th Cir.2010) (fees as byproduct do not confer standing)
W.R. Huff Asset Mgmt. Co. v. Deloitte & Touche, LLP, 549 F.3d 100 (2d Cir.2008) (legal fees cannot independently create standing)
Fair Housing Council of Suburban Philadelphia v. Montgomery Newspapers, 141 F.3d 71 (3d Cir.1998) (litigation expenses generally not cognizable injuries)
Spann v. Colonial Village, Inc., 899 F.2d 24 (D.C.Cir.1990) (organization cannot manufacture injury from suit costs)
Garrett v. Butler, 229 Ark. 653, 317 S.W.2d 283 (Ark. 1958) (presumption of destruction when original is missing after copy)
Remington v. Roberson, 98 S.W.3d 44 (Ark. App. 2003) (presumption that destruction of original indicates revocation)