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Standing First: Addressing the Article III Standing Defects of Rule 23(b)(3) Class Actions Composed Wholly of Future Claimants
- Article from:
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The Review of Litigation
- Article date:
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July 1, 2007
- Author:
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Copyright informationCopyright University of Texas, Austin, School of Law Publications, Inc. Summer 2007. Provided by ProQuest LLC. (Hide copyright information)
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I. INTRODUCTION
In 1997, the Supreme Court in Amchem Prods, v. Windsor declared that, "[c]lass certification issues are dispositive . . . because their resolution here is logically antecedent to the existence of any Article III issues, it is appropriate to reach them first."1 Two years later, the Court used the "logically antecedent" language again in Ortiz v. Fibreboard Corp. to deny class certification on Rule 23 grounds rather than on the Article III grounds raised by the objectors.2
Lower courts' responses to the "logically antecedent" language took two distinct directions resulting in inconsistent jurisprudence, mixing elements of both approaches. Some courts have read the Supreme ...
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