ARTICLE · 09 JULY 2012

Supreme Court Avoids Deciding Consumer Standing Issue

Nutter McClennen & Fish LLP

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The Supreme Court’s ruling on the Affordable Care Act was not the only surprise decision on Thursday.

United StatesConsumer Protection

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Originally published June 29, 2012

The Supreme Court's ruling on the Affordable Care Act was not the only surprise decision on Thursday. Although the nation's attention was focused on the health care law, the Court was also expected to issue an important opinion in First American Financial Corp. v. Edwards, a case involving issues of constitutional standing in consumer-protection cases. Instead, the Court dismissed the Edwards case without issuing a decision, prompting speculation that the Justices were unable to agree on a majority opinion. The unexpected dismissal means that constitutional standing will remain a volatile and frequently litigated issue in consumer-protection suits.

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