On January 22, 2018, the United States Supreme Court denied the second petition for a writ of certiorari filed by Spokeo, Inc. in its landmark, Article III standing case against Plaintiff Thomas Robins. Previously, on August 15, 2017, the Ninth Circuit issued its decision on remand in the same case, reversing and remanding the case to the California district court after finding that Robins had standing to pursue his claims. Spokeo appealed that ruling to the U.S. Supreme Court, arguing that the Court's prior opinion created massive uncertainty among lower courts as to the contours of Article III standing – particularly in cases alleging statutory claims based on purely technical or procedural violations.
The denial of cert means that such confusion and disagreement may continue to fester. It also signals the Court's unwillingness to dive back into its 2016 Spokeo ruling so soon after publication –paving the way for continued litigation and legal development in the lower courts.
Troutman Sanders will continue to monitor decisions grappling with these standing issues and report on any future developments.
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