No. 19-1366

Shiyang Huang v. Valeska Schultz, et al.

Lower Court: Eighth Circuit
Docketed: 2020-06-12
Status: Denied
Type: Paid
Response Waived
Tags: article-iii-standing civil-procedure class-action due-process in-personam-claims monetary-relief rule-23 rules-enabling-act settlement standing
Key Terms:
Arbitration ERISA DueProcess ClassAction JusticiabilityDoctri
Latest Conference: 2020-09-29
Question Presented (AI Summary)

Whether unnamed class members under Federal Rule of Civil Procedure 23 must have Article III standing for class certification

Question Presented (OCR Extract)

QUESTIONS PRESENTED Petitioner is an objecting class member in a mandatory Rule 23(b)(1) class-action settlement with prospective relief. — ‘ Though Class Counsel argued that Petitioner lacked Article III standing to receive prospective relief or to challenge such prospective settlement terms, the class-action was certified to settle Petitioner's individualized monetary claims, providing no right to opt-out. The questions presented are: : I. Whether unnamed class members under Federal Rule : of Civil Procedure 23 must have Article III standing for class certification (as four circuits have held), or must have Article IIT standing only before a court grants any relief (as ' two circuits have held), or need not demonstrate Article II standing for any form of relief sought (as four circuits have held). ’ II. Whether in personam claims for monetary relief can be certified for settlement purposes under Federal Rule of Civil Procedure 23(b)(1) to bind absent class members to a class action judgment, without providing a right to opt out under Due Process Clause and Rules Enabling Act. . @)

Docket Entries

2020-10-05
Petition DENIED.
2020-07-22
DISTRIBUTED for Conference of 9/29/2020.
2020-07-08
Supplemental brief of petitioner Shiyang Huang filed.
2020-07-08
Second supplemental brief of petitioner Shiyang Huang filed.
2020-07-01
Waiver of right of respondent Valeska Schultz, Melanie Waugh and Rosalind Staley to respond filed.
2020-06-23
Waiver of right of respondent Brett Bayston; et al. to respond filed.
2020-05-11
Petition for a writ of certiorari filed. (Response due July 13, 2020)

Attorneys

Brett Bayston; et al.
James Forrest BennettDowd Bennett LLP, Respondent
James Forrest BennettDowd Bennett LLP, Respondent
Shiyang Huang
Shiyang Huang — Petitioner
Shiyang Huang — Petitioner
Valeska Schultz, Melanie Waugh and Rosalind Staley
Mark George BoykoBailey & Glasser LLP, Respondent
Mark George BoykoBailey & Glasser LLP, Respondent