Class action critic Ted Frank wants the U.S. Court of Appeals for the Eleventh Circuit to unravel Johnson & Johnson’s settlement over its recalled sunscreen—and he’s using the appeals court’s own arguments to make his case.

In a Wednesday opening brief, Frank, director of the Hamilton Lincoln Law Institute and the Center for Class Action Fairness, insisted that U.S. District Judge Anuraag “Raag” Singhal, of the Southern District of Florida, did not have jurisdiction to approve the settlement because the lead plaintiffs lacked standing to sue for injunctive relief.

Ted Frank seen at the Federalist Society Annual Lawyers Convention at the Mayflower Hotel in Washington. Ted Frank, director of the Hamilton Lincoln Law Institute and the Center for Class Action Fairness. Photo by Diego M. Radzinschi/ALM