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“Sleeper” Case Asks Whether Plaintiffs Can Sue Without An Injury

Posted on September 27, 2011July 2, 2025 by Dissent

Daniel Fisher reports:

A case scheduled to be argued before the U.S. Supreme Court this fall could determine whether lawyers can file a vast new wave of lawsuits on behalf of consumers who haven’t actually suffered any damages. The lawsuit, First American Financial Corp. v. Edwards, involves the mundane business of title insurance. But companies from Facebook to the automobile manufacturers have weighed in with briefs urging the high court to overturn a Ninth Circuit decision that they say would allow lawyers to assemble class actions any time they discover a company has violated a law or regulation. Most federal cases now involve plaintiffs who claim they suffered a specific harm because of something the defendant did.

Read more on Forbes.

Of course, even if the court were to rule that demonstration of injury or harm is required, it would still leave us with the significant question as to what constitutes a privacy harm, an issue that’s been addressed on this blog in the past.

h/t, @kashhill

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