November 01, 2012 Articles

Article III and the Supreme Court's 'Non-Decision' in Edwards

The Supreme Court's non-decision in Edwards v. First American Corp. creates lingering uncertainty on the Article III injury requirement in consumer cases.

Whitty Somvichian and Kyle Wong – November 1, 2012

Lost in the news coverage over the Supreme Court’s historic health-care decision on June 28, 2012, was the Court’s decision on the same day to withdraw certiorari in Edwards v. First Am. Corp., 610 F.3d 514 (9th Cir. 2010), a case that was anticipated to have significant impact on the litigation of consumer claims. The withdrawal creates uncertainty as to how constitutional standing requirements should be applied in consumer cases brought in federal court.

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