Lincoln Memorial University Duncan School of Law


This article examines the question of whether a class can be certified under the Federal Rules of Civil Procedure when putative, unnamed class members lack Article III standing. The federal circuits are currently split on this issue. The majority of circuits hold that a class cannot be certified if any class member lacks standing. The minority of circuits require only the named class representative to demonstrate standing. This article argues that the minority rule is correct because it is consistent with recent Supreme Court jurisprudence. In addition, the purpose of the class action device—judicial efficiency—is served by the minority rule.