Spokeo v. Robins II

Issue: Class Actions
Court: U.S. Supreme Court

Term: October 2017
Oral Argument:
Vote:​
Opinion:
Lower Court: U.S. Court of Appeals for the Ninth Circuit

Question(s) Presented:
Whether the injury in fact requirement is satisfied by claimed intangible harm to an interest protected by the underlying statute, even if the plaintiff cannot allege that she suffered either real-world harm or imminent risk of such harm.

RLC's Position:
The RLC filed an amicus brief to underscore the adverse consequences to retailers of the circuit split on what is needed to satisfy the injury in fact requirement. The brief asks the Court to take the case to put an end to no-harm litigation, and reinforce that a plaintiff must suffer actual or likely harm to have Article III standing. 

Case Outcome:
The Court denied the petition for certiorari.

Procedural History & Case Documents:

• Petition for certiorari filed, December 2017
• Respondent's brief in opposition filed, December 2017
• Petitioner's reply brief filed, January 2018
• Petition denied, January 2018

Please use the DOWNLOAD button below to access the RLC's Brief.