Breaking and associated brands will be offline for scheduled maintenance Saturday May 8 3 AM US EST to 12 PM EST. We apologize for the inconvenience.


Thank you for sharing!

Your article was successfully shared with the contacts you provided.
Samantha Duke of RumbergerKirk. Courtesy photo Samantha Duke of RumbergerKirk. Courtesy photo

The U.S. Supreme Court on March 31 held oral arguments in a case that may have a significant impact on the ability to certify a class action seeking statutory damages.

Article III of the U.S. Constitution limits a federal court’s power to grant relief, requiring that a plaintiff prove that he suffered concrete harm or certainly impending harm. In 2016, the Supreme Court held in Spokeo v. Robins, 136 S.Ct. 1540 (2016) that a bare statutory violation does not satisfy Article III’s injury-in-fact requirement. However, as Justice Samuel Alito put it during oral argument in the TransUnion case, “Spokeo’s discussion of harm is quite clipped.” In fact, since Spokeo, many federal courts have inconsistently applied the Supreme Court’s reasoning in determining what degree of harm, or threat of likelihood of harm, is sufficient to be deemed “concrete.”

Want to continue reading?
Become a Free ALM Digital Reader.

Benefits of a Digital Membership:

  • Free access to 1 article* every 30 days
  • Access to the entire ALM network of websites
  • Unlimited access to the ALM suite of newsletters
  • Build custom alerts on any search topic of your choosing
  • Search by a wide range of topics

Click here to access the Public Notices and the Courts sections of the The Daily Business Review in PDF format.
Already have an account?

Reprints & Licensing
Mentioned in a story?

License our industry-leading legal content to extend your thought leadership and build your brand.

Florida Consumer LawBook

An unpacking of Florida s Deceptive and Unfair Trade Practices Act to provide practitioners, consumers, businesses an easy-to-navigate treatise detailing FL law, how ...

Get More Information

The British Legal Awards 2021Event

Celebrating achievement, excellence, and innovation in the legal profession in the UK.

Get More Information

ALM Legal Publication Newsletters

Sign Up Today and Never Miss Another Story.

As part of your digital membership, you can sign up for an unlimited number of a wide range of complimentary newsletters. Visit your My Account page to make your selections. Get the timely legal news and critical analysis you cannot afford to miss. Tailored just for you. In your inbox. Every day.

Copyright © 2021 ALM Media Properties, LLC. All Rights Reserved.