Before the U.S. Supreme Court’s recent decision in Spokeo, Inc. v. Robins, courts frequently collapsed the element of “concrete and particularized,” requiring that a plaintiff merely demonstrate that the injury affected him or her in a personal and individual way.
But following the Supreme Court’s guidance in the Spokeo decision, courts are required to analyze the separate and independent element of “concreteness,” which the Court defined as “quite different from particularization.” This article examines that separate element and post-Spokeo decisions interpreting it.