The Road To Class Action May Be Harder After TransUnion

By Greg Marshall and Andrew Jacobs (June 29, 2021, 5:36 PM EDT) -- The U.S. Supreme Court's 5-4 decision in TransUnion LLC v. Ramirez portends a significant change in the law of standing under Article III of the U.S. Constitution.

While the Ramirez opinion presents itself as another step toward Chief Justice John Roberts' particular view of judicial modesty, the sharp dissent authored by Justice Clarence Thomas correctly suggests that Ramirez is far more consequential than modest.

Ramirez promises to intensify the already-pitched battles over Article III standing invited by the court's 2016 decision in Spokeo Inc. v. Robins, and may limit the size of class actions while narrowing the damage theories class action...

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