A defense bar organization is urging a federal appeals court to find that unnamed members in a class action against Dish Network should not have been certified because they did not have the same injuries as lead plaintiffs in the case.

DRI-The Voice of the Defense Bar, in an amicus brief filed on Oct. 10, urged the U.S. Court of Appeals for the Fourth Circuit to de-certify the class and reverse judgment against Dish Network in a Telephone Consumer Protection Act class action. The group seeks clarity amid scattered case law on a key issue in class actions: whether uninjured class members who are not the named plaintiffs have standing under Article III of the U.S. Constitution.

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