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Expert Analysis

Post-Spokeo, Not All Statutory Violations Are Created Equal

Law360, New York (February 10, 2017, 11:49 AM EST) -- When the U.S. Supreme Court decided Spokeo Inc. v. Robins, 136 S. Ct. 1540 (2016), a little over a year ago, many lawyers believed the court's decision would settle a rather simple question: If a defendant violates a statute, is that sufficient for a plaintiff to sue in federal court? Unfortunately, the Supreme Court's decision has not provided the hoped-for clarity, as practitioners and courts still struggle with whether a statutory violation is — by itself — sufficient to confer standing. Two recent appellate court decisions — decided the same day — highlight this issue....

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