How Many Injuries Does It Take? Article 3 Standing in the Class Action Context, 95 Cal. L. Rev. 849 (June 2007)
A day of ridin’ waves and reading about class actions. Here’s a pretty thick one to take with you to the beach while you’re soakin’ up the sun. The California Law Review published a comment by James Keenley in June of 2007 discussing Article 3 standing in the class action context.
It seems that standing is always an issue in the class action context. This article digs deep into the issue and suggests possible solutions for standing issues.
This article only briefly touches on CAFA by stating that it dramatically increased federal court diversity jurisdiction. The author of this comment states that federal court dockets are going to more crowded and the pressures on judicial efficiency grayer, as CAFA’s effects are felt in the coming years.
This comment has little to do with CAFA, but does give an in depth discussion regarding Article 3 standing in light of its constitutional requirement balanced with congressionally authorized litigation.
The author describes the case law dealing with multi-defendant lawsuits regarding standing and class certification as scattered, confused and in much need of higher court guidance.
This one is worth a definite read if you are faced with similar issues.