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At the Lectern

Class action standing opinion filing Monday

January 26, 2018

On Wednesday, the Supreme Court agreed to decide one standing case, and on Monday morning it will issue its opinion in another.  Monday’s opinion will be in Hernandez v. Restoration Hardware, Inc., which was argued on the November calendar.  (Briefs here; oral argument video here.)

The Hernandez case raises the issue whether an unnamed class member must intervene in the litigation in order to have standing to appeal.  (See Eggert v. Pac. States S. & L. Co. (1942) 20 Cal.2d 199.)  (Third District Court of Appeal Justice George Nicholson is the pro tem.)

Standing cases are popular at the court of late.  (See also, e.g., here and here.)

The court and SCOTUS aren’t always on the same page on standing issues.

The Hernandez opinion can be viewed Monday starting at 10:00 a.m.

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