Class Certification and Article III Standing Under Spokeo: Inconsistent Results and Uncertainty for Defendants

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

Tuesday, October 6, 2020 (in 10 days)

1:00pm-2:30pm EDT, 10:00am-11:30am PDT

or call 1-800-926-7926

This CLE webinar will examine the continuing impact of and strategic responses to the Supreme Court's decision in Spokeo v. Robins. Our panel includes Jay Edelson, lead counsel for Mr. Robins, who along with other leading class action counsel will discuss proving or challenging Article III standing in class certification.


In Spokeo v. Robins the U.S. Supreme Court examined the requirement that Article III standing requires that an injury-in-fact be concrete. The Court reiterated that violation of a statutory procedural right might be sufficiently concrete to confer standing and remanded the case so that the Ninth Circuit could complete its analysis using the Court’s guidance.

On remand, the Ninth Circuit held that plaintiff’s intangible privacy harm was adequately concrete under Article III.

Although Mr. Robins prevailed, Spokeo inspired routine challenges to plaintiff’s standing under federal statutes, such as under FCRA, TCPA, and TILA, with some success. But winning the standing issue has been a Pyrrhic victory for some. If the case originated in state court, was removed, and the defendant proves lack of standing, then on remand, the defendant may end up in what it considers a less favorable forum.

Listen as our authoritative panel, including one of the lawyers who litigated Spokeo, examines the maturing post-Spokeo environment.



  1. Overview of the Supreme Court's Spokeo ruling
  2. How various circuits have applied Spokeo's holding
  3. Class certification
    1. Plaintiff perspective and best practices
    2. Defense perspective and best practices
  4. 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 impacted 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?


Edelson, Jay
Jay Edelson

Founder & CEO

Mr. Edelson and his firm were lead counsel for Mr. Robins in Spokeo v. Robins, and thus Mr. Edelson is uniquely...  |  Read More

Herrington, Robert
Robert J. Herrington

Co-Chair, Class Action Litigation Group
Greenberg Traurig

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

Nichols, Andrew
Andrew C. Nichols

Charis Lex

Mr. Nichols focuses on appellate proceedings and critical, high-stakes motions at the trial level. As a partner at an...  |  Read More

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