Tuesday, February 16, 2010

Standing to Appeal Class Cert Denial

Can, or should, a named plaintiff respond to the denial of class certification by settling his or her individual claim and appealing the class cert denial on behalf of the class?  Or does the settlement deprive the named plaintiff of standing?

Be wary, warn James C Martin and Zareh Jaltorossian of Reed Smith in today's Daily Journal.  There is a "disagreement amond intermediate courts on how a voluntary settlement impacts a class representative's standing to appeal," which "creates significant risks . . . class action litigants must deal with the uncertainty."