NEI Contracting and Engineering, Inc. v. Hanson Aggregates Pacific Southwest, Inc.

A class must be decertified when the class representatives are found to lack standing as to their individual claims. The Ninth Circuit affirmed the district court's order decertifying a class of persons alleging that Hanson violated California Penal Code 632, which prohibits the unauthorized connection to or recording of confidential communications.The panel held that NEI, as the class representative, lacked standing to bring its claim against Hanson. Furthermore, because NEI failed to challenge the district court's standing determination, it waived its right to challenge that determination. Finally, neither mootness exception raised by NEI stands for the proposition that a class can be certified if the class representative lacked standing as to its individual claim. View "NEI Contracting and Engineering, Inc. v. Hanson Aggregates Pacific Southwest, Inc." on Justia Law