United States: On The Brink Of A Class Action Sea Change? SCOTUS To Hear Robins And Critical Standing Issues

June 1, 2015 By Steve E. Embry

On April 29th, as expected and predicted, SCOTUS granted certiorari in Spokeo v. Robins case. This case was the subject of our previous discussion in the February 20 post " Robins v. Spokeo Inc: the Light at the End of the Tunnel for Rule 23 Privacy Class Actions...or the Headlights of an Oncoming Train." As we noted there, this case has enormous significance in both data breach litigation and in class action litigation generally.

The key issue facing the Court in Robins is whether Article III standing can be conferred when a plaintiff suffers no injury, but can instead only recover statutorily imposed penalties.  Article III of the U.S. Constitution requires that a plaintiff suffer an injury in fact – injury or damage that is concrete and which the law recognizes – in order to maintain an action.

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