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

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

Conducted on Thursday, October 5, 2017

Recorded event now available

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Program Materials

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?


Herrington, Robert
Robert J. Herrington

Co-Chair, National Products Liability and Mass Torts Practice
Greenberg Traurig

Mr. Herrington's practice focuses on complex commercial litigation, including class actions in the areas of false...  |  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

Nichols, Andrew
Andrew C. Nichols

Winston & Strawn

Mr. Nichols is a member of the firm’s nationwide Appellate and Critical Motions Practice. His practice focuses on...  |  Read More

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