Class Certification and Article III Standing After Spokeo: One Year Later

A live 90-minute CLE webinar with interactive Q&A

Thursday, October 5, 2017
1:00pm-2:30pm EDT, 10:00am-11:30am PDT

This CLE webinar will examine the impact of the Supreme Court’s Spokeo v. Robins decision for class litigation after its first year. The panel will discuss how class counsel can leverage or overcome Article III standing challenges when pursuing or challenging class certification.


The U.S. Supreme Court’s Spokeo v. Robins decision held that plaintiffs do not have standing to sue under Article III based solely on technical violations of the Fair Credit Reporting Act.

Since Spokeo, lower courts have wrestled with whether plaintiffs allege an injury sufficiently concrete under the Court’s enhanced standard. Lower courts have some conflicting results on Article III standing in class litigation.

In mid-August 2017, the Ninth Circuit threw a wrench in the mix with its ruling on remand of Spokeo that the plaintiff’s alleged injury was sufficiently concrete to meet the Court’s new standard. This ruling may help plaintiffs in fighting defense efforts to obtain early dismissal, especially those involving alleged statutory violations, such as FCRA, TCPA and TILA cases.

Plaintiff and defense counsel must understand the impact of Spokeo and subsequent lower court rulings on Article III standing and develop approaches to pursue or overcome Article III challenges in class certification.

Listen as our authoritative panel examines the post-Spokeo environment 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. Overview of the Supreme Court’s Spokeo ruling and the Ninth Circuit's subsequent ruling on remand of Spokeo
  2. 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:

  • How has the Supreme Court’s Spokeo v. Robins ruling affected 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?


Robert J. Herrington, Co-Chair, National Products Liability and Mass Torts Practice
Greenberg Traurig, Los Angeles

Mr. Herrington's practice focuses on complex commercial litigation, including class actions in the areas of false advertising, unfair competition, food and beverage, consumer products, insurance, and products liability. He helps sophisticated business clients address complex disputes and competitive challenges to their products, services and business practices.

Jeffrey A. Leon, Partner
Quantum Legal, Highland Park, Ill.

Mr. Leon pursues class action lawsuits on behalf of aggrieved consumers and businesses. He has served as co-lead counsel or as an executive committee member in lawsuits that have delivered hundreds of millions of dollars in benefits to consumers who were aggrieved by the conduct of a variety of companies. Because Mr. Leon has spent a significant amount of his legal career representing both plaintiffs and defendants, he has a unique perspective which guides his litigation strategy.

Andrew C. Nichols, Partner
Winston & Strawn, Washington, D.C.

Mr. Nichols is a member of the firm’s nationwide Appellate and Critical Motions Practice. His practice focuses on appellate proceedings of all kinds and motions that resolve complex commercial lawsuits before trial. Mr. Nichols has served as counsel in numerous cases before the U.S. Supreme Court, the federal courts of appeal, and various state appellate and trial courts.

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This webinar is eligible for at least 1.5 general CLE credits.

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Class Action Law Advisory Board

Thomas Allen


Reed Smith

Steve Berman


Hagens Berman Sobol Shapiro

Brian Boyle


O'Melveny & Myers

H. Douglas Hinson


Alston & Bird

Daniel R. Karon


Karon LLC

Robert S. Kitchenoff


Weinstein Kitchenoff & Asher

Neal R. Marder


Akin Gump Strauss Hauer & Feld

Michael McCluggage


Eimer Stahl

W. Ray Persons


King & Spalding

William B. Rubenstein


Harvard Law School

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