Absent Class Members And Constitutional Standing

Law360, New York (July 27, 2015, 1:47 PM EDT) -- Over 40 years ago, the U.S. Supreme Court held that "if none of the named plaintiffs purporting to represent a class establishes the requisite of a case or controversy with the defendants, none may seek relief on behalf of himself or any other member of the class."[1] The Supreme Court has yet to decide whether Article III's "case or controversy" requirement must also be satisfied by unnamed (i.e., absent) class members as part of a class certification motion. The Third Circuit addressed this question last week in Neale v. Volvo Cars of North America LLC.[2] It held that only the named plaintiffs — and not absent class members — must establish standing under Article III.[3]...

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