The Eleventh Circuit recently addressed two aspects of Article III standing relevant to class action settlements: the standing of a class member to object, and the standing of class representatives to seek injunctive relief—and thus whether such injunctive relief should be given any weight as part of the approval process.

In Williams v. Reckitt Benckiser LLC, No. 22-11232 (11th Cir. Apr. 12, 2023), a false advertising case, the district court approved a claims-made and injunctive relief class action settlement over the objection of Ted Frank, a frequent objector to class-action settlements.  Frank argued that “the parties inflated the perceived value of the Settlement by touting that [Defendants] would pay up to $8 million” while knowing that a typical claims rate would result in a far lower payout.  He also objected to the $2.9 million attorney’s fee award as disproportionate to the $1.1 million in payments received by the class.  The parties argued that Frank lacked standing to appeal because he bought the challenged product only after learning of the settlement.  As a result, they argued he was not deceived by the product’s label and was not injured because he would be fully reimbursed if he submitted a claim under the settlement. 

The Eleventh Circuit rejected both arguments.  It held that the class definition was not limited to purchasers who had been deceived, and so Frank’s purchase within the class period qualified him as a class member.  Next, it held that “an objector’s status as a member of the class who is bound by the district court’s judgment is itself enough to provide him or her with standing to appeal the district court’s approval of a classwide settlement over his or her objection.”  As a result, defendants interested in settling class-action cases should give careful thought to the end date of the putative class period, so that would-be objectors cannot manufacture standing to challenge a settlement. Having found Frank had standing to appeal, the Eleventh Circuit reversed the district court’s final approval of the settlement, but not for the reasons Frank pressed.  Instead, it held that the class representatives lacked standing to pursue injunctive relief:  allegations that they “would like” to purchase the defendants’ products in the future if they could rely on the labeling was not sufficient to show “actual or imminent” injury.  The district court’s final approval analysis, which recognized the injunctive relief as integral to its overall fairness finding, was thus flawed, warranting remand.

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Photo of Amy Heath Amy Heath

Amy Heath is a class action and commercial litigator who helps the world’s leading companies in the technology, consumer products, and other sectors navigate their most significant disputes. She has delivered extraordinary results, winning multiple cases involving billions of dollars in claims. Amy…

Amy Heath is a class action and commercial litigator who helps the world’s leading companies in the technology, consumer products, and other sectors navigate their most significant disputes. She has delivered extraordinary results, winning multiple cases involving billions of dollars in claims. Amy has had exceptional success with early dispositive motions, distilling complex arguments to show why claims should not proceed. A former intelligence analyst, Amy brings the same sound strategic judgment, analytical rigor, attention to detail, efficiency, and commitment to client service to her practice of law.

Amy frequently litigates matters involving privacy, wiretap, contract, consumer protection, fraud, unfair competition, antitrust, and intellectual property claims. She has significant experience throughout the litigation lifecycle, including:

  • developing strategies to coordinate litigation across jurisdictions, including multidistrict litigation;
  • briefing dismissal, class certification, and summary judgment motions;
  • taking depositions and managing discovery;
  • effectively navigating joint defense groups; and
  • drafting and arguing appeals.

Amy also regularly counsels clients on the strategic considerations related to arbitration agreements. She drafts and revises arbitration clauses and class action waivers in terms of service, including to mitigate mass arbitration risk.

Before joining the firm, Amy clerked for the Honorable Michelle T. Friedland of the United States Court of Appeals for the Ninth Circuit and the Honorable Lucy H. Koh, then of the United States District Court for the Northern District of California. Amy maintains an active pro bono practice that focuses on direct services for individual clients.

Before practicing law, Amy served as an intelligence analyst at CIA, where she was a regular contributor to the President’s Daily Brief.