No-Injury Class Actions: Statutorily-Created Harm and High Court Intervention
The Washington Legal Foundation presents a complimentary webinar on the clash between statutes and the Constitution in non-injury class actions.
The event also discusses a pending petition for certiorari that urges Supreme Court intervention in such a case.
Business enterprises increasingly face lawsuits in which plaintiffs have suffered no actual “injury-in-fact,” but are able to seek damages under federal and state laws that create private rights of action, the WLF says on its website. Though such statutorily-created harm clashes with Article III’s constitutional requirement of standing to sue, federal courts of appeals are split on whether this lawyer-driven litigation is permissible.