Arguing Class Actions: The Supreme Court's Evolving 'Standing' Standard and What It Means for Class Actions
Arguing Class Actions is a monthly column for the National Law Journal written by DiCello Levitt's Adam J. Levitt.
April 01, 2024 at 06:00 AM
6 minute read
The issue du jour for any company defending against a class action involving economic losses seems to be that of "standing"—or, whether a federal court has jurisdiction to issue a judgment against a defendant in any given case. If a defendant is successful in arguing that a court lacks standing to hear the case, then—for many class actions—it becomes the death knell for that case, requiring its dismissal. Ostensibly trying to clarify the standing analysis, over the past several years, the U.S. Supreme Court has issued a slew of seemingly inconsistent rulings as to when the federal courts may hear a "case or controversy" consistent with Article III of the Constitution.
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