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LONG v. SOUTHEASTERN PENNSYLVANIA TRANSP AUTHORITY

No. 17-1889.

903 F.3d 312 (2018)

Frank LONG; Joseph Shipley; Michael White, Individually and on Behalf of All Others Similarly Situated, Appellants v. SOUTHEASTERN PENNSYLVANIA TRANSPORTATION AUTHORITY.

United States Court of Appeals, Third Circuit.

Filed: September 10, 2018.

Attorney(s) appearing for the Case

Cheryl-Lyn D. Bentley , Adam T. Klein , Christopher M. McNerney , Ossai Miazad , Lewis M. Steel , Outten & Golden, 685 Third Avenue, 25th Floor New York, NY 10017, Benjamin D. Geffen , Public Interest Law Center of Philadelphia, 1709 Benjamin Franklin Parkway, United Way Building, 2nd Floor, Philadelphia, PA 19103, Jon M. Greenbaum , Dariely Rodriguez , Lawyers' Committee for Civil Rights Under Law, 1500 K Street, Suite 900, Washington, DC 20005, Deepak Gupta [ARGUED], Gupta Wessler, 1900 L Street, N.W., Suite 312, Washington, DC 20036, Ryan A. Hancock , Willig Williams & Davidson, 1845 Walnut Street, 24th Floor, Philadelphia, PA 19103, Counsel for Appellants.

Jamie M. Gullen , Community Legal Services, 1424 Chestnut Street, Philadelphia, PA 19102, Counsel for Amicus Appellants Community Legal Services, National Employments Law Project and Service Employees International Union Local 668.

James A. Francis , Francis & Mailman, 100 South Broad Street, Land Title Building, 19th Floor, Philadelphia, PA 19110, Counsel for Amicus Appellant National Consumer Law Center.

Michael A. Cognetti , Candidus K. Dougherty , Jeffrey B. McCarron , Swartz Campbell, 50 South 16th Street, Two Liberty Place, 28th Floor, Philadelphia, PA 19102, Elizabeth A. Malloy [ARGUED], Cozen O'Connor , 1650 Market Street, One Liberty Place, Suite 2800, Philadelphia, PA 19103, Counsel for Appellee.

Before: CHAGARES, RESTREPO and FISHER, Circuit Judges.

OPINION OF THE COURT

This case raises again the frequently-litigated question of whether violation of a statute — here, the Fair Credit Reporting Act — is an injury in fact that satisfies the Constitution's "case or controversy" requirement. The District Court concluded that the plaintiffs did not allege...

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