In Spokeo v. Robins, in which we represented the plaintiff, Spokeo Inc. made the unprecedented argument to the U.S. Supreme Court that to establish “injury in fact” standing in statutory cases, the plaintiff must allege “real-world” or “palpable” harm beyond the statutory violation. Not only did Spokeo’s argument fail to secure five votes, it didn’t garner any.
The court instead unanimously reaffirmed a core principle: Legislatures may define the substantive duties members of society owe each other, and the violation of such duties will establish injury in fact.
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