Celesq® Attorneys Ed Center

Unnamed Class Member Standing: A Circuit-by-Circuit Analysis

Program Number: 3161

Program Date: 03/04/2021


Must unnamed class members have standing for a court to certify or enter judgment in a class action? The answer is far from straightforward, as the Supreme Court has not squarely decided the question and circuit courts address this issue in various – and sometimes contradictory – ways.

Generally speaking, there are four broad categories into which circuit court cases fall:

• De minimis or “some uninjured”: the potential presence of more than a small number of class members who lack standing may preclude class certification;
• All-or-nothing: all class members must establish standing at some point in the litigation;
• Standing of named plaintiff only: the standing of unnamed class members is irrelevant once standing of the named plaintiff is shown; and
• No definitive decision: courts expressly state that they have not decided the issue.

This presentation will discuss the various approaches employed by the circuit courts throughout the country so that attorneys can use recent cases to argue for or against class certification or judgment where the standing of unnamed class members may be a determining factor.

$95.00Audio Tape Add to Cart

Available in states

California, Colorado Eligible, Florida, Georgia, New Jersey Eligible, New York, Texas Self Study

Credit Information

50 minute credit hour - 1.00 General CLE credit
60 minute credit hour - 1.00 General CLE credit

State Program Numbers


Marissa Bañez, Esq.

Greenberg Traurig, LLP

Marissa Bañez focuses on products liability defense, which includes asbestos, tobacco and black lung litigation, as well as medical devices and pharmaceuticals actions, in state and federal courts throughout the country, representing Fortune 500 and Fortune 100 companies. In asbestos matters, she has represented from complaint through trial (many times as lead counsel) major manufacturers, contractors and distributors of asbestos-containing products in both personal injury and property damage cases. In addition, she regularly litigates as appellate counsel in residential mortgage foreclosures, having won the vast majority of her appeals and obtaining multi-million-dollar settlements. She also has represented a Fortune 500 company in several premises liability actions.

Marissa has worked, pro bono, with The Veterans Consortium as appellate counsel before the U.S. Court of Appeals for Veterans Claims and with New York City’s Advocates for Children, assisting parents with children that have learning disabilities. She also serves as a mentor for the Leadership Council for Legal Diversity.