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DRI Files Amicus Brief with Fourth Circuit in Krakauer v. DISH Network L.L.C.

  • Published October 12, 2018
    Modified July 09, 2020

CHICAGO ­– (October 12, 2018)— DRI – The Voice of the Defense Bar has filed an amicus brief with the United States Court of Appeals for the Fourth Circuit in support of the defendant in Krakauer v. DISH Network L.L.C.  The brief was filed through DRI’s Center for Law and Public Policy.

The United States Constitution limits federal courts’ jurisdiction to cases where plaintiffs have standing to sue.  To establish standing, the plaintiff must show the defendant’s conduct caused him or her to suffer a concrete “injury in fact” and that a favorable judgment will likely redress this alleged injury.  This constitutional standing requirement applies to class actions.  But federal appellate courts are divided over the interplay between the standing requirement and unnamed class members.

In this class action, the federal district court acknowledged that the proposed class may include uninjured members but nonetheless certified the class.  Subsequently, following a jury trial, the district court entered a class action judgment against the defendant.

DRI’s brief argues that the Constitution precludes class certification where the named class representative demonstrates that he or she has standing but the putative class includes uninjured members who lack standing.  Additionally, DRI’s brief argues that, at a minimum, a class action judgment cannot allow uninjured members to recover, since any conclusion to the contrary would contravene the Constitution.

Brief co-authors David M. Axelrad and Felix Shafir of Horvitz & Levy (Burbank, California) are available for interview or expert comment through DRI’s Communications Office. For the full text of the amicus brief, click here.



About DRI – The Voice of the Defense Bar

For more than fifty-five years, DRI has been the voice of the defense bar, advocating for defense attorneys, commercial trial attorneys, and corporate counsel and defending the integrity of the civil judiciary. A thought leader, DRI provides world-class legal education, deep expertise for policy-makers, legal resources, and networking opportunities to facilitate career and law firm growth. For more information, log on to