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Spokeo, Inc. v. Robins

Docket No.13-1339
Op. Below9th Cir.
ArgumentNov 2, 2015

Holding

Because the Ninth Circuit failed to consider both aspects of the injury-in-fact requirements -- an injury in fact must be both concrete and particularized, but the Ninth Circuit's observations concerned only "particularization" -- its Article III standing analysis was incomplete.

Judgment

Vacated and remanded, 6-2, in an opinion by Samuel Alito on May 16, 2016. Justice Thomas filed a concurring opinion. Justice Ginsburg filed a dissenting opinion, in which Justice Sotomayor joined.

Proceedings & orders timeline

May 1, 2014
Petition for a writ of certiorari filed. (Response due June 6, 2014)
May 7, 2014
Order extending time to file response to petition to and including July 7, 2014.
Jun 2, 2014
Brief amicus curiae of Pacific Legal Foundation filed.
Jun 4, 2014
Brief amicus curiae of ACA International filed.
Jun 5, 2014
Brief amicus curiae of Trans Union LLC filed.
Jun 6, 2014
Brief amici curiae of Chamber of Commerce of the United States of America, et al. filed.
Jun 6, 2014
Brief amici curiae of eBay Inc., Facebook, Inc., Google Inc., and Yahoo! Inc. filed.
Jun 6, 2014
Brief amicus curiae of Experian Information Solutions, Inc. filed.
Jun 6, 2014
Brief amicus curiae of Consumer Data Industry Association filed.
Jun 6, 2014
Brief amici curiae of National Association of Professional Background Screeners, et al. filed.
Jun 6, 2014
Brief amici curiae of New England Legal Foundation, et al. filed.
Jun 6, 2014
Brief amicus curiae of DRI - The Voice of the Defense Bar filed.
Jun 9, 2014
Order further extending time to file response to petition to and including August 6, 2014.
Aug 6, 2014
Brief of respondent Thomas Robins in opposition filed.
Aug 19, 2014
Reply of petitioner Spokeo, Inc. filed.
Aug 20, 2014
DISTRIBUTED for Conference of September 29, 2014.
Oct 6, 2014
The Solicitor General is invited to file a brief in this case expressing the views of the United States.
Mar 13, 2015
Brief amicus curiae of United States filed.
Apr 1, 2015
DISTRIBUTED for Conference of April 17, 2015.
Apr 1, 2015
Supplemental brief of petitioner Spokeo, Inc. filed. (Distributed)
Apr 20, 2015
DISTRIBUTED for Conference of April 24, 2015.
Apr 27, 2015
Petition GRANTED.
Jun 5, 2015
The time to file the joint appendix and petitioner's brief on the merits is extended to and including July 2, 2015.
Jun 5, 2015
The time to file respondent's brief on the merits is extended to and including August 24, 2015.
Jul 2, 2015
Brief of petitioner Spokeo, Inc. filed.
Jul 2, 2015
Joint appendix filed. (Statement of costs filed.)
Jul 7, 2015
Brief amicus curiae of Pacific Legal Foundation filed.
Jul 9, 2015
Brief amicus curiae of Washington Legal Foundation filed.
Jul 9, 2015
Brief amicus curiae of Trans Union LLC filed.
Jul 9, 2015
Brief amicus curiae of Retail Litigation Center, Inc. filed.
Jul 9, 2015
Brief amicus curiae of National Association of Home Builders filed.
Jul 9, 2015
Brief amici curiae of Coalition for Sensible Public Records Access, et al. filed.
Jul 9, 2015
Brief amici curiae of Chamber of Commerce of the United States of America, et al. filed.
Jul 9, 2015
Brief amici curiae of eBay Inc., et al. filed.
Jul 9, 2015
Brief amici curiae of American Bankers Association, et al. filed.
Jul 9, 2015
Brief amici curiae of New England Legal Foundation, et al. filed.
Jul 9, 2015
Brief amici curiae of National Association of Professional Background Screeners, et al. filed.
Jul 9, 2015
Brief amicus curiae of ACA International filed.
Jul 9, 2015
Brief amicus curiae of Experian Information Solutions, Inc. filed.
Jul 9, 2015
Brief amicus curiae of Consumer Data Industry Association filed.
Jul 9, 2015
Brief amici curiae of Alabama, et al. filed.
Jul 9, 2015
Brief amici curiae of Time, Inc., and Seven Media Organizations filed.
Jul 9, 2015
Brief amicus curiae of DRI - The Voice of the Defense Bar filed.
Aug 3, 2015
The time to file respondent's brief on the merits is further extended to and including August 31, 2015.
Aug 31, 2015
Brief of respondent Thomas Robins filed.
Sep 3, 2015
Brief amicus curiae of Public Knowledge filed.
Sep 3, 2015
Brief amici curiae of Natural Resources Defense Council, et al. filed.
Sep 3, 2015
Brief amici curiae of Public Law Professors filed.
Sep 4, 2015
Brief amicus curiae of Pension Rights Center filed.
Sep 4, 2015
Brief amici curiae of Information Privacy Law Scholars filed.
Sep 8, 2015
Brief amicus curiae of Constitutional Accountability Center filed.
Sep 8, 2015
Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
Sep 8, 2015
Brief amicus curiae of the United States filed.
Sep 8, 2015
Brief amici curiae of Public Justice, P.C., et al. filed.
Sep 8, 2015
Brief amici curiae of Electronic Privacy Information Center, et al. filed.
Sep 8, 2015
Brief amicus curiae of Center for Digital Democracy filed.
Sep 8, 2015
Brief amici curiae of Center for Democracy & Technology, et al. filed.
Sep 8, 2015
Brief amici curiae of Restitution and Remedies Scholars filed.
Sep 8, 2015
Brief amici curiae of Massachusetts, et al. filed.
Sep 8, 2015
Brief amici curiae of Public Citizen, Inc., et al. filed.
Sep 8, 2015
Brief amici curiae of Lawyers' Committee for Civil Rights Under Law, et al. filed.
Sep 8, 2015
Brief amicus curiae of American Association for Justice filed.
Sep 9, 2015
SET FOR ARGUMENT on Monday, November 2, 2015
Sep 10, 2015
Record requested from the U.S.C.A. 9th Circuit.
Sep 11, 2015
The record requested from the U.S.C.A. 9th Circuit is electronic and located on PACER.
Sep 21, 2015
CIRCULATED
Sep 30, 2015
Reply of petitioner Spokeo, Inc. filed. (Distributed)
Oct 5, 2015
Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
Nov 2, 2015
Argued. For petitioner: Andrew J. Pincus, Washington, D. C. For respondent: William S. Consovoy, Arlington, Va.; and Malcolm L. Stewart, Deputy Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.)
May 16, 2016
Judgment VACATED and case REMANDED. Alito, J., delivered the opinion of the Court, in which Roberts, C. J., and Kennedy, Thomas, Breyer, and Kagan, JJ., joined. Thomas, J., filed a concurring opinion. Ginsburg, J., filed a dissenting opinion, in which Sotomayor, J., joined.
Jun 17, 2016
JUDGMENT ISSUED

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