Defending No-Injury Class Actions Post-Spokeo: Standing for Statutory Violations, State Court Litigation, and CAFA Removal

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


Conducted on Thursday, April 27, 2017
Recorded event now available


This CLE webinar will discuss the impact of Spokeo on “no-injury” class action cases, primarily in consumer protection and data privacy cases, how challenges to Article III standing in federal court impact plaintiffs who try to shift such class actions into state court where different standing rules may apply. The program will discuss challenges for defendants in defending no-injury class actions in state court and navigating the impact of Spokeo on CAFA removal.

Description

The Supreme Court’s Spokeo decision confirmed that the injury-in-fact requirements for Article III standing for class action plaintiffs require that the plaintiff suffered a concrete and particularized injury as opposed to a bare allegation that a consumer protection or privacy statute had been violated.

Since Spokeo, a few circuit courts have weighed in on this issue with somewhat conflicting results as to when Article III standing does, and does not, exist.

As no-injury cases are dismissed in federal court cases, plaintiffs now look to file these claims in state courts, venues not traditionally favorable to defendants. An unintended consequence of the Spokeo ruling may be its defeat of CAFA removal to federal court when defendants are faced with “no-injury” class actions filed in state court.

Listen as our authoritative panel examines the impact of Spokeo on Article III standing for no-injury class action claims, defending no-injury class actions in state court and navigating the impact of Spokeo on CAFA removal.

Outline

  1. Overview of Spokeo ruling
  2. Review of the potential impact of Spokeo on
  3. Circuit court cases addressing standing when a plaintiff files a claim alleging violation of a federal statute
  4. No-injury claims in state court
  5. Impact of Spokeo on CAFA removal

Benefits

The panel will review these and other key issues:

  • How have the circuit courts interpreted what constitutes an injury post-Spokeo?
  • How have lower courts addressed the issue of standing when a plaintiff files a claim alleging a violation of a federal statute?
  • Has the Spokeo ruling rendered CAFA meaningless because the ruling deprives defendants of the ability to defend a “no-injury” class action in federal court?

Faculty

Gavin J. Rooney, Partner and Chair, Class Action Litigation Group
Lowenstein Sandler, New York and Roseland, N.J.

Mr. Rooney specializes in class action and complex commercial litigation, representing corporate and institutional clients. Consistently recognized as a leading commercial litigator, he has been described by clients as “excellent” and “very thorough, detail-oriented, and extremely intelligent” (Chambers USA).

Archis A. Parasharami, Partner
Mayer Brown, Washington, D.C.

Mr. Parasharami is Co-Chair of Mayer Brown’s Class Action Practice and lead editor of the firm’s Class Defense Blog. He defends businesses against class action litigation in federal and state courts, with a focus on legal and strategy issues concerning whether a class can be certified.  

Daniel E. Jones, Esq.
Mayer Brown, Washington, D.C.

Mr. Jones is a litigator and a member of the firm’s Consumer Litigation & Class Actions and Supreme Court & Appellate practices. He authored numerous briefs in the US Supreme Court, federal and state appellate courts, and trial courts around the country, with a focus on arbitration and class action issues. He was part of the firm's team who represented the petitioner in Spokeo, Inc. v. Robins. He also authored numerous post­-Spokeo briefs urging lower courts to dismiss no-injury class actions under the Supreme Court’s ruling. He has substantial experience litigating the enforceability of arbitration agreements.


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The seminar covered an important subject with major policy implications and the speakers addressed it completely with professionalism and thorough knowledge.

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Class Action Law Advisory Board

Thomas Allen

Partner

Reed Smith

Steve Berman

Partner

Hagens Berman Sobol Shapiro

Brian Boyle

Partner

O'Melveny & Myers

H. Douglas Hinson

Partner

Alston & Bird

Daniel R. Karon

Founder

Karon LLC

Robert S. Kitchenoff

Partner

Weinstein Kitchenoff & Asher

Neal R. Marder

Partner

Akin Gump Strauss Hauer & Feld

Michael McCluggage

Partner

Eimer Stahl

W. Ray Persons

Partner

King & Spalding

William B. Rubenstein

Professor

Harvard Law School

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