The U.S. Court of Appeals for the Second Circuit added further clarification Tuesday to concrete injury requirements in claims of bare procedural violations of statutes in the wake of the U.S. Supreme Court’s 2016 Spokeo v. Robins.

In Katz v. The Donna Karan Company, 15-464, Second Circuit Chief Judge Robert Katzman, along with Judges Rosemary Pooler and Denny Chin, upheld U.S. District Judge Paul Crotty of the Southern District of New York’s decision in the case now before the appellate court, even as he was ordered to amend the dismissal to be without prejudice.