Jurisdiction, Venue, and Forum
Threshold Doctrines
Injury must be concrete and particularized and actual or imminent, fairly traceable to the defendant's conduct, and likely redressable by a favorable decision. Standing is jurisdictional and cannot be waived.
TransUnion tightened the concreteness requirement.
Alternative Names:
Constitutional Standing|Federal Standing
Why it Matters?
TransUnion established that a statutory violation without concrete harm does not confer standing, which is a productive defense in privacy, consumer, and data breach litigation where the alleged injury is a bare procedural violation. The decision also requires that every class member have standing for damages, which complicates certification where the class includes uninjured members. Raising standing is available at any point including on appeal.
Frequently Confused with
Frequently asked questions
What did TransUnion establish?
How does it affect class actions?
