By Frank Cruz-Alvarez, a Partner in the Miami, FL office of Shook, Hardy & Bacon L.L.P., with Melissa Madsen, Of Counsel to Shook, Hardy & Bacon L.L.P. in its Miami, FL office. Mr. Cruz-Alvarez is the WLF Legal Pulse’s Featured Expert Contributor on Civil Justice/Class Actions.

In a recent decision vacating a class certification in an action against DIRECTV, the Eleventh Circuit explained that the issue of class-member standing may, in some instances, “be exceedingly relevant to the class certification analysis required by Federal Rule of Civil Procedure 23.” Cordoba v. DIRECTV, LLC, No. 18-12077 (Nov. 15, 2019 11th Cir. Ct.).  In Cordoba, the Eleventh Circuit concluded that the District Court for the Northern District of Georgia abused its discretion when it certified a class under Rule 23(b)(3) without first considering “the standing problem that arguably affected the bulk of the unnamed members of the class it had drawn.”  The Eleventh Circuit remanded the case back to the district court to determine whether “common issues predominate” under Rule 23(b)(3), when it appears that a large portion of the class does not have standing.