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For consumer class action followers, the issue of standing in statutory harm cases has been a thorny patch, often dependent upon fact-intensive, statute-by-statute inquiries into the nature of legislative intent, and the precision of the statute's language. Across the country, circuits have come to different conclusions on similar fact patterns, creating a patchwork of case law to navigate, and the opportunity for forum shopping.
This article addresses last month’s decision from the U.S. Court of Appeals for the Seventh Circuit in Markakos v. Medicredit Inc., which showcased the judiciary's struggle, and set up a likely showdown, either en banc or perhaps at the U.S. Supreme Court — and highlighted the growing struggle courts face in following their own precedents.
Click here to read the full article on Law360's website.