The United States Supreme Court issued its decision in
Spokeo, Inc. v. Robins on May 16, 2016. At the time, the
degree to which the decision was a punt was somewhat underreported.
The five-judge majority opinion actually declined to answer the
specific certified question: Whether a plaintiff suing for
violation of a federal statute satisfied Article III's standing
requirement by alleging no concrete injury stemming from the
violation. Instead, the Court vacated and remanded the case to the
Ninth Circuit to address whether the plaintiff satisfied the
"concreteness" requirement for Article III standing. The
oral argument on remand was conducted by the Ninth Circuit on
December 13, 2016. That case will likely garner some attention when
the Ninth Circuit panel opinion is issued. However, it is actually
one of the less interesting cases making its way through the
federal courts. In fact, the panel even entertained the idea of
further remanding to the trial court to allow the
