Donald Houser

As a senior associate in the Litigation & Trial Group, Donald Houser represents clients in a variety of industries in complex litigation matters, with a particular focus on privacy and antitrust litigation and antitrust counseling. Read more→

Supreme Court Holds Congress Cannot Confer Automatic Standing By Statute

Posted on: 18 May 2016

The Supreme Court has issued its much anticipated opinion in Spokeo Inc. v. Robins, No. 13-1339, 578 U.S. ___ (2016) (click here for a prior post detailing the procedural history and case background).  The Supreme Court granted certiarori in Spokeo to determine whether a bare violation of a statute – the Fair Credit Reporting Act (“FCRA”) – is sufficient to confer Article III standing, which requires that an injury be both (a) concrete and particularized and (b) actual or imminent.  Below the Ninth Circuit held that Robins’ allegation of an FCRA violation were sufficient, but the Supreme […] Read more

The Supreme Court To Resolve Whether a Violation of a Statutory Right Confers Article III Standing

Posted on: 01 May 2015

The Supreme Court’s recent decision to hear the appeal in Spokeo, Inc. v. Robins may have significant implications for data breach litigation in particular and consumer class action litigation generally. At issue is whether a plaintiff who has suffered no actual injury or harm nonetheless has standing under Article III of the United States Constitution to seek recovery in federal court based on an alleged violation of a statutory right. Depending on how the Supreme Court resolves the issue, companies defending data breach lawsuits and other consumer class actions may find it tougher to obtain […] Read more