Recent Developments in Standing in State and Federal Courts
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August 30, 2019
Illinois Defense Counsel
There has recently developed a chasm between what is required to show standing in Illinois state court and what is required under Article III of the United States Constitution to have standing in federal court. Beginning with Spokeo and more recently clarified in Frank, the United States Supreme Court has held that injury is required in order to have standing to sue in federal court. This means that plaintiffs likely cannot sue in federal court for violation of many consumer protection statutes. However, Illinois Supreme Court in Rosenbach and the Illinois Appellate Court have both held that actual injury is not required to have standing in Illinois state courts. The contours and implications will have a significant effect on litigation in Illinois.Expand summary
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