Note:
Kenneth H. Leggett, Article III Justiciability and Class Actions: Standing and Mootness, 59 Texas L. Rev. 297 (1981).
 

Abstract:
The Federal Rules of Civil Procedure allow for class action lawsuits to proceed so long as there is a named plaintiff. Article III’s “case or controversy” requirement means that the plaintiff must have suffered injury to bring suit—the standing requirement—and that his injury must still exist at the time the claim is adjudicated, or else his claim fails for being moot. When a named plaintiff is no longer injured or lacks standing, this can have an adverse impact on the absent class members, because their claims may no longer be justiciable. This Note argues that, although the personal injury requirement may suffice in single party litigation, representational suits under Rule 23 of the Federal Rules of Civil Procedure require special treatment. A class action ensures an individualized dispute so long as the class is certified prior to a ruling on the merits, even if the named plaintiff is not aggrieved.