Highlights from this issue include: 

• Standing in Class Action Cases. The Ninth Circuit held that pursuant to TransUnion LLC v. Ramirez, 594 U.S. 413 (2021), following class certification, both named and unnamed class members in a money damages suit must present evidence of standing at summary judgment.
• Representation of Class and Individuals in Separate Lawsuits. The First Circuit provided guidance on whether counsel may concurrently represent individual plaintiffs and a class against the same defendants. It noted leading treatises were split on the question and it found no on-point case law in any circuit. The First Circuit made clear that it was not deciding whether the court should have appointed this lawyer as class counsel in the first instance—it only decided that class counsel’s simultaneous representation of three individual claimants with similar claims against the same defendants did not preclude the district court from approving a class-action settlement.
• Attorneys’ Fees. The Tenth Circuit held that either a percentage-of-the-fund or a lodestar analysis could satisfy Oklahoma’s class action attorneys’ fees statute, so long as the ultimate award is reasonable.