context: Without a rule that plaintiff have a live claim at least when the motion to certify is filed, the "case or controversy" requirement would be almost completely eviscerated in the class action context, since almost anybody might be deemed to have standing to move to certify a class. For example, a concerned citizen, with no personal grievance whatsoever against defendant, might file a class action out of empathy for those who were allegedly injured. However, "[t]o permit the certification of a class headed by a 'representative' who did not have a live controversy with the defendant on the day the suit began would be to jettison the last vestiges of the case-or-controversy requirement in class actions."
citation_a.signal: see also
citation_a.identifier: 434 F.2d 727, 734
citation_a.parenthetical: "[A] predicate to appel-lee's right to represent a class is his eligibility to sue in his own right."
citation_a.sentence: Holmes v. Fisher, 854 F.2d 229, 233 (7th Cir.1988) (affirming dismissal of civil rights complaint brought by arrestee who claimed he was detained without a warrant but was arraigned before filing the suit); see also Kauffman v. Dreyfus Fund, Inc., 434 F.2d 727, 734 (3d Cir.1970), cert. denied, 401 U.S. 974, 91 S.Ct. 1190, 28 L.Ed.2d 323 (1971) (“[A] predicate to appel-lee’s right to represent a class is his eligibility to sue in his own right.”); Note, Class Standing and the Class Representative, 94 Harv.L.Rev. 1637, 1637 (1981) (“It is axiomatic that an uninjured plaintiff cannot bring suit on behalf of an injured class.”).
citation_b.signal: no signal
citation_b.identifier: 854 F.2d 229, 233
citation_b.parenthetical: affirming dismissal of civil rights complaint brought by arrestee who claimed he was detained without a warrant but was arraigned before filing the suit
citation_b.sentence: Holmes v. Fisher, 854 F.2d 229, 233 (7th Cir.1988) (affirming dismissal of civil rights complaint brought by arrestee who claimed he was detained without a warrant but was arraigned before filing the suit); see also Kauffman v. Dreyfus Fund, Inc., 434 F.2d 727, 734 (3d Cir.1970), cert. denied, 401 U.S. 974, 91 S.Ct. 1190, 28 L.Ed.2d 323 (1971) (“[A] predicate to appel-lee’s right to represent a class is his eligibility to sue in his own right.”); Note, Class Standing and the Class Representative, 94 Harv.L.Rev. 1637, 1637 (1981) (“It is axiomatic that an uninjured plaintiff cannot bring suit on behalf of an injured class.”).