Opinions warn against conflating FRCP 23 elements with constitutional standing.
Defendants battling proposed class actions based on alleged violations of state law have long argued that any certified class should be limited to residents of the states in which the named plaintiffs reside. Absent class members from other states should be excluded, they urge, because the named plaintiffs supposedly only have “standing” to bring claims under the laws of their own states and not others. Scores of district courts have agreed, limiting the geographical scope of classes and leaving large numbers of injured victims without relief.
Now, however, a consensus is emerging at the appellate level that this is incorrect.