Ninth Circuit Holds That Unnamed Class Members Must Prove Article III Standing To Withstand Summary Judgment

In a significant post-TransUnion decision for defendants litigating damages class actions, the Ninth Circuit held in Healy v. Milliman, Inc. that unnamed class members must produce evidence of Article III standing at the summary judgment stage. Healy provides defendants with another tool to challenge the class after certification.

In Healy, the district court certified a putative class of individuals alleging that the defendant inaccurately reported the class's medical and prescription histories to life insurers. After certification, the defendant moved for partial summary judgment, arguing that the plaintiff could not show class-wide Article III standing. The district court agreed, holding that the plaintiff had failed to present sufficient evidence of concrete injury to the unnamed class members.