U.S. Supreme Court urged to apply “no-further-inquiry rule” to find Article III standing in no-harm class actions

On November 28, 2011, the U.S. Supreme Court will hear argument in First American Financial Corporation, et al. v. Edwards, U.S. Supreme Court Docket No. 10-708, October 2011, on appeal from Edwards v. First Am. Corp., 610 F.3d 514 (9th Cir. 2010). As previously discussed, this case has the potential to curtail the recent rise of no-harm class actions. See the October 12, 2011 article U.S. Supreme Court to Tackle Issue of No-Harm Class Actions and the September 26, 2001 article No Harm, No Class: Damage Element Still Standing in the Sixth Circuit.

Respondent Denise P. Edwards and her amici curiae have now weighed in before the Court, and a number of legal and policy arguments resound.

To date, nine different groups have submitted amicus briefs in support of Respondent, from economists to others currently suing under RESPA to the Toyota Economic-Loss Plaintiffs. Predictably, some of the amici curiae are interested because they recognize that this case may impact dozens of other statutory schemes, at both the federal and state levels, that permit suit and recovery for a violation of a statute, irrespective of actual harm.