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10 months ago

The TransUnion v. Ramirez decision makes it impossible for passive class members who cannot satisfy the “concrete harm” test to get their class action heard in federal court. With this decision, the court has most likely cut down on potential class sizes and pushed many class actions into state court. It will be interesting to see the effects of the TransUnion v. Ramirez decision on both the number of class action cases and class sizes in the future. It will also be interesting to track the number of class cases brought in state court as compared to federal court going forward.

10 months ago

Since the Supreme Court has refused to specifically define what situations can be categorized as “concrete harm” in privacy violation settings, case law in the federal and state courts has become much more important.  Although the Supreme Court has established a test to assess “concreteness” (“whether the asserted harm has a ‘close relationship’ to a harm traditionally recognized as providing a basis for a lawsuit in American courts”), there still remains a good deal of unresolved questions such as how close does the asserted harm have to be to a harm traditionally recognized by the courts as a basis for… Read more »

4 months ago

The Article notes that “the Supreme Court recognized that “a person exposed to a risk of future harm may pursue forward-looking, injunctive relief to prevent the harm from occurring, at least so long as the risk of harm is sufficiently imminent and substantial”. This gives us an idea of how the court expects to resolve software issues and data breaches when they are litigated. However, accountability remains hazy. How do you prevent the possibility of future harm to your information if you don't know what that harm is? Companies and entities should be held accountable in incidents like this to… Read more »

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