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

  • by DRI
  • Oct 12, 2018, 16:03 PM

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.

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