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Spokeo Still Standing: No Sign Of A Circuit Split

Law360, New York (October 14, 2016, 12:15 PM EDT) -- Nicholas R. Diamand

Andrew Kaufman At the end of last Term, the U.S. Supreme Court in Spokeo v. Robins reaffirmed that, under principles of federal jurisdiction, invasions of privacy give plaintiffs standing to assert their rights in federal court. In so doing, the court confirmed that Congress has the power to define injuries and create causes of action that did not exist before.

This measured approach means that injured consumers can sue when they have suffered, or are at risk of suffering, a harm tethered to real-world concerns. Since the decision was issued in May, appellate and district courts have confronted...

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