Article III Standing and Class Certification After Spokeo: Implications and Strategies for Plaintiff and Defense Counsel

Recording of a 90-minute CLE webinar with Q&A

Conducted on Thursday, July 28, 2016

Recorded event now available

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Program Materials

This CLE webinar will examine the expected impact of the long-awaited Spokeo Inc. v. Thomas Robins et al. decision for class action litigation. The panel will discuss how class counsel can leverage or overcome Article III standing challenges when pursuing or challenging class certification.


On May 16, 2016, the U.S. Supreme Court issued the highly anticipated Spokeo Inc. v. Thomas Robins decision, which held that plaintiffs did not have standing to sue under Article III based solely on technical violations of the Fair Credit Reporting Act. However, the Court left open the question of whether standing could be established based on statutory violations.

Under Article III, federal courts do not have jurisdiction to hear a case unless the plaintiff has suffered an actual “injury-in-fact,” the injury was caused by the defendant’s alleged conduct, and the injury can be redressed by a favorable court ruling. In class action cases, defense counsel often raise Article III standing as a strategy to defeat class certification. Plaintiff’s counsel counter this defense strategy by arguing that standing requirements only apply to the named plaintiff.

Plaintiff and defense counsel must understand the potential impact of Spokeo on potential Article III standing arguments and develop strategies to pursue or overcome Article III challenges to defeat or obtain class certification.

Listen as our authoritative panel examines the Spokeo ruling and its anticipated impact for class action practitioners. The panel will discuss how plaintiff’s counsel can overcome Article III obstacles when pursuing class certification, and how defense counsel can use Article III standing challenges as a tool to defeat class certification.



  1. Anticipated impact of Spokeo Inc. v. Thomas Robins et al. on Article III standing
  2. Strategies for class certification
    1. Plaintiff perspective and best practices
    2. Defense perspective and best practices
  3. Is Article III standing an appropriate question during class decertification?


The panel will review these and other key issues:

  • What are the highlights and expected impact of the Supreme Court’s Spokeo Inc. v. Thomas Robins ruling for class action attorneys?
  • How can plaintiff’s counsel effectively overcome standing challenges in the wake of the decision?
  • What are best practices for defense counsel to successfully defeat class certification based on lack of standing post-Spokeo?


Amy Laurendeau
Amy Laurendeau

O'Melveny & Myers

Ms. Laurendeau has extensive experience defending pharmaceutical and consumer product companies in class and mass tort...  |  Read More

Leon, Jeffrey
Jeffrey A. Leon

Quantum Legal

Mr. Leon pursues class action lawsuits on behalf of aggrieved consumers and businesses. He has served as co-lead...  |  Read More

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