Jenner & Block

“Class Certification Will be More Difficult, For Now,” Daily Journal

In this article, Jenner & Block Partner Mary Ellen Callahan and Associate Alexander M. Smith examine the “cottage industry” of no-injury class actions, filed in hope of exacting large settlements.  They then analyze the recent case of Spokeo Inc. v. Robins; an amicus brief filed in the case likened class actions seeking statutory damages to a “trip to the casino” where plaintiffs’ lawyers “throw the dice in hopes of certifying a potentially enormous statutory damages class” that the defendant will have no choice but to settle.  The US Supreme Court addressed whether this so-called casino outcome is consistent with Article III standing principles, under which a plaintiff has standing to sue in federal court only if he or she has suffered a “concrete and particularized injury.”  The article is the latest installment of Ms. Callahan’s regular Privacy and Information Governance (PIG) Tales column in the Los Angeles and San Francisco Daily Journal.