October 18, 2017 Top Story

Where Does Article III Standing Stand Since Spokeo?

Circuit split reconcilable and increase in state court class actions likely

By Jamison Barkley

"Article III standing requires a concrete injury even in the context of a statutory violation," the U.S. Supreme Court held in Spokeo Inc. v. Robins.

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Commentators have opined that class litigation is facing more challenges including Spokeo's requirement of a concrete injury even where there exists a statutory violation. A circuit split seems to increase the potential for confusion, nevertheless consistent patterns are emerging, according to ABA Section of Litigation leaders.

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