645 F.3d 1084
9th Cir.2011Background
- Glasser filed a California class action against VW alleging improper disposal of 2007-and-earlier model smart keys and related disclosures.
- The case was removed to federal court under the Class Action Fairness Act and later settled; the class received no monetary relief.
- Settlement disclosed that VW offered smart-key replacement information and that prices were competitive; VW denied liability; disclosures would be provided.
- Parties reserved fees and costs for later determination; Murray obj ected to the settlement and to any fee award, but did not opt out.
- The district court preliminarily approved the settlement, reserved fee issues, and later awarded fees; Murray appealed, and the Ninth Circuit dismissed for lack of standing.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Standing to appeal the fee award | Murray asserts he is aggrieved by the fee award and seeks relief for the class. | VW contends Murray lacks a concrete injury and therefore lacks Article III standing. | Appeal dismissed for lack of standing. |
Key Cases Cited
- City of Los Angeles v. County of Kern, 581 F.3d 841 (9th Cir. 2009) (standing can be jurisdictional; must show injury and redressability)
- Lobatz v. U.S. W. Cellular of Cal., Inc., 222 F.3d 1142 (9th Cir. 2000) (constructive common fund theory for fee challenges in class actions)
- In re First Capital Holdings Corp. Financial Prods. Sec. Litig., 33 F.3d 29 (9th Cir. 1994) (standing requires injury to challenge fee award; not automatic from class membership)
- Knisley v. Network Assocs., Inc., 312 F.3d 1123 (9th Cir. 2002) (standing in class actions depends on injury affecting recovery)
- Lujan v. Defenders of Wildlife, 504 U.S. 555 (Supreme Court 1992) (irreducible constitutional minimum of standing: injury, causation, redressability)
- In re Gen. Motors Corp. Pick-Up Truck Fuel Tank Prods. Liab. Litig., 55 F.3d 768 (3d Cir. 1995) (constructive fund theory elsewhere cited for fee considerations)
- Rosenbaum v. MacAllister, 64 F.3d 1439 (10th Cir. 1995) (standing considerations in fee disputes)
- Zucker v. Occidental Petroleum Corp., 192 F.3d 1323 (9th Cir. 1999) (commentary on fee awards and class actions)