Perhaps overlooked in the shadows of the Patient Protection and Affordable Care Act decision, the U.S. Supreme Court June 28 dismissed its writ to review a case that had the potential to deter privacy and other litigation that is based merely on technical statutory violations (11 PVLR 1060, 7/2/12). In dismissing the writ of certiorari in First American Finance Corporation v. Edwards as improvidently granted, the Supreme Court declined to rule on whether Congress may provide statutory standing for plaintiffs lacking an injury-in-fact as required under Article III of the Constitution, leaving in place the U.S. Court of Appeals for the Ninth Circuit’s interpretation that a statute may create Article III standing. This brief article examines this decision and the state of the law after it.
Reproduced with permission from Privacy & Security Law Report, 11 PVLR 1161, 07/23/2012. Copyright 2012 by The Bureau of National Affairs, Inc. (800-372-1033) http://www.bna.com