Tuesday, January 30, 2018

Appellate standing requires intervention

The Recorder offers California Supreme Court Forces Class Action Objectors to Intervene about yesterday's opinion here:
  • “We conclude the Court of Appeal correctly relied on Eggert to hold that unnamed class members may not appeal a class judgment, settlement, or attorney fees award unless they intervene in the action,” Justice Ming Chin wrote for the court, upholding a 2016 decision by the California Court of Appeal.
  • “How big is this impediment? Is it a wall that’s impenetrable? No,” Schonbrun said. But it does create an additional burden, he said. “The bottom line is they want to get rid of appeals.”
  • “Our state common law, legislation, and procedural rules of court differ significantly from the federal common law and procedural rules,” Chin wrote.