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The Supreme Court of the United States issued a 6-2 opinion on Monday, May 16th, in Spokeo, Inc. v. Robins vacating the Ninth Circuit’s prior ruling and remanding the case for further analysis. This was a highly anticipated decision that many practitioners believed could change the landscape for class actions on the question of whether a statutory violation alone, without a resulting injury to the plaintiff, is sufficient to confer standing on a plaintiff to bring litigation. Some practitioners had suspected that the Supreme Court’s opinion would eliminate the practice of class action litigation alleging mere technical violations of statutes creating only a risk of harm in the absence of any actual harm. However, the Supreme Court’s opinion was narrowly focused on the Ninth Circuit’s legal analysis, and did not eliminate the potential for a class action to be brought on a statutory violation that creates a “risk of real harm” or violates a “procedural right.”

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