Eighth Circuit Sides With Defendants As the Spokeo Standing Battle Continues 

In the aftermath of Spokeo, courts have had to wrestle with the notion of “concreteness” and the other facets of the standing doctrine in the statutory context. In Braitberg v. Charter Communications, Inc., the Eighth Circuit recently weighed in, finding standing cannot arise from a mere statutory violation alone without a consequent concrete harm. However, Spokeo still arguably leaves the door open for a plaintiff-friendly Article III analysis in the data privacy context or where the lawsuit stems from a hacking incident, Deborah Renner, a partner at BakerHostetler, says in a guest article. She examines the current state of Article III standing decisions in the context of the Eighth Circuit’s most recent pronouncement and discusses some of the most recent arguments likely to stand up on both sides of the bar. See “Making Sense of Conflicting Standing Decisions in Data Breach Cases” (Mar. 30, 2016).

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