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Risk of Future Harm No Longer Supports Article III Standing in Federal Court

Advertisement Landmark Ruling in TransUnion v. Ramirez: For Damages Suits, “Risk of Future Harm” No Longer Supports Article III Standing in Federal Court Thursday, July 1, 2021 The Supreme Court in TransUnion LLC v. Ramirez on June 25, 2021 dramatically reorganized and narrowed the Article III landscape for constitutionally cognizable damage suits in federal court. Suits for damages based solely on “risk of future” harm, the Court ruled, are not “Cases” or “Controversies” under the U.S. Constitution and no longer meet what were long thought to be minimal “injury in fact” requirements for a plaintiff to establish standing to sue. Describing the new standard as “No concrete harm, no standing,” in the 5-4 majority opinion authored by Justice Kavanaugh, the Court overturned a $60 million jury verdict (later reduced to $40 million) in favor of a certified class of 8,185 individuals claiming injury from TransUnion’s process for flagging individuals

Risk of Future Harm in Landmark Ruling in TransUnion v Ramirez

Advertisement Landmark Ruling in TransUnion v. Ramirez: For Damages Suits, “Risk of Future Harm” is No Longer Concrete Harm to Support Article III Standing in Federal Court Tuesday, June 29, 2021 Over a strong dissent from Justice Thomas, the Supreme Court in TransUnion LLC v. Ramirez on June 25, 2021 dramatically reorganized and narrowed the Article III landscape for constitutionally cognizable damage suits in federal court. Suits for damages based solely on “risk of future” harm, the Court ruled, are not “Cases” or “Controversies” under the U.S. Constitution and no longer meet what were long thought to be minimal “injury in fact” requirements for a plaintiff to establish standing to sue.

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