Seyfarth Synopsis: On March 20, 2019, in Frank, et al. v.
Gaos, No. 17-961, 2019 WL 1264582 (U.S. Mar. 20, 2019), the U.S.
Supreme Court held that the Article III standing preconditions to
federal court litigation, as described in Spokeo, Inc. v. Robins,
136 S.Ct. 1540 (2016), will not be undermined. The ruling is
important for any corporate counsel involved in defending class
actions and in negotiating the resolution of such
litigation.
We previously
blogged on the supplemental briefing development before the
Supreme Court in Frank v. Gaos,
No. 17-961, and now we can report on the Supreme Court's decision. Commentators had expressed the view
that the case would provide the Supreme Court with an opportunity
to determine whether cy pres provisions in settlement are
appropriate. The Supreme Court's ruling did not go that
far.
