Scalia’s Death Adds To Uncertainty In Class Standing Fight

Law360, New York (February 16, 2016, 10:45 PM EST) -- U.S. Supreme Court Justice Antonin Scalia’s unexpected death on Saturday creates a clear opening for the high court to split evenly on whether consumers can sue companies for technical statutory violations without alleging an actual injury, in a ruling that would preserve uncertainty and divergent standards nationwide for businesses and plaintiffs alike.

The sudden passing at age 79 of Justice Scalia, who sat on the bench’s 5-4 conservative majority, threw into disarray the fate of several of the Supreme Court’s most high-profile cases, including ones involving hot-button topics like affirmative action, abortion, immigration and class action standards.

One case that is...

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