DRI Files Amicus Brief Backing Dish in $60 Million TCPA Verdict Appeal
Article III of the Constitution, on federal court jurisdiction, precludes U.S. district courts from certifying class actions that include uninjured absent class members, said defense bar trade group DRI in a 4th U.S. Circuit Court of Appeals amicus brief Wednesday…
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urging vacating a Telephone Consumer Protection Act verdict against Dish Network (see here, docket 18-1518, in Pacer). DRI said the 4th Circuit at minimum should say class-action judgments can't require defendants to provide relief to uninjured members. It said federal appellate courts are split over the interplay between Article III standing requirements and unnamed class members, and that the 4th Circuit hasn't taken a position. Dish in its appeal is seeking a decertification of the class or for the $60 million judgment to be reversed or vacated (see 1810050002). Appellee counsel didn't comment Thursday.