Last year, we noted that the Supreme Court had granted certiorari in a case that could limit the ability of plaintiffs to sue defendants over bare statutory violations without the showing of actual injury. The case implicates a wide variety of statutes that grant monetary awards to successful plaintiffs on
SCOTUS
High Court to Decide If Congress Can Let Consumers Sue Over Publication of Inaccurate Personal Information Without Concrete Damages
By Sheila A. Millar & Douglas J. Behr on


The Supreme Court of the United States granted certiorari late last month in a case with important implications for consumer privacy and for the ability of Congress generally to create wholly new protections for consumers. Plaintiffs must always show that they have standing – a legally-protected interest that allegedly has been violated – before a…
Not-So-Voluntary Standards? SCOTUS Considers Constitutional Concerns About Key Regulatory Tool, Public-Private Development Process
By Sheila A. Millar on
Posted in Product Safety

The Supreme Court heard a case earlier this month that could have a big impact on businesses in many areas regulated by federal agencies that use voluntary standards. In U.S. Department of Transportation v. Association of American Railroads, the Supreme Court is considering a D.C. Circuit decision that invalidated a law that gives Amtrak …