Supreme Court Won't Reconsider Standing Principles From Spokeo

On January 22, 2018, the United States Supreme Court denied a petition for writ of certiorari that requested review of the court's May 2016 ruling in Spokeo, Inc. v. Robins. The 2016 Spokeo ruling concerned the types of injuries that are sufficient to confer standing to sue under Article III of the U.S. Constitution. The request for review was triggered by what the petitioner, Spokeo, Inc., referred to as "widespread confusion" following the decision concerning the types of intangible harm that can qualify as injuries-in-fact to confer standing. In fact, the opinion has been widely cited by both plaintiffs and defendants in arguing for and against a finding of Article III standing in class action litigation, including in suits arising out of data security incidents.