The unexpected death of Supreme Court Justice Antonin Scalia has introduced significant uncertainty into the closely watched class action standing case, Spokeo v. Robins. The central issue is whether consumers can sue companies for statutory violations without proving an actual, concrete injury. Justice Scalia’s absence creates a strong possibility of a 4-4 deadlock, which would affirm the Ninth Circuit’s decision allowing such lawsuits but would not establish a nationwide precedent. With Justice Kennedy perceived as a key vote, Scalia was considered part of a likely 5-4 majority to reverse the lower court’s finding. This potential split leaves the legal landscape regarding class action standing inconsistent across different circuits.
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Originally published by Allison Grande | Feb 16, 2016 | Law360
