Law360, New York (February 16, 2016, 10:45 PM ET) — U.S. Supreme Court Justice Antonin Scalia’s unexpected death on Saturday creates a clear opening for the high court to split evenly on whether consumers can sue companies for technical statutory violations without alleging an actual injury, in a ruling that would preserve uncertainty and divergent standards nationwide for businesses and plaintiffs alike.
… On the other side of the bar, plaintiffs attorney Jim Francis of Francis Mailman Soumilas, P.C. PC, who
specializes in FCRA class actions, said that he didn’t believe that Justice Scalia’s absence
would have a material impact on what he saw as the inevitable outcome: an affirmation of the
Ninth Circuit’s ruling to avoid upending established case law by pushing more class actions to
state court.
“However, Justice Scalia’s passing could have an effect on the timing as to when the decision
will issue,” Francis acknowledged. “If the court were to hold the decision in abeyance pending
confirmation of the next justice, rather than issue the decision with eight justices, it will create
more delay and provide a basis for re-examining whether existing Spokeo stays should be
lifted.” …