Eleventh Circuit Limits Courts' Jurisdiction over Unnamed Class Members Prior to Class Certification

On February 10, 2015, a panel of the Eleventh Circuit issued a published decision, authored by Judge Gerald Tjoflat, limiting a district court's jurisdiction over, and a class representative's standing with respect to, unnamed class members prior to class certification. In Spears-Haymond v. Wells Fargo Bank, N.A., No. 13-12082 (11th Cir. Feb. 10, 2015), the Eleventh Circuit again visited questions arising from defendant banks' assertion of arbitration clause defenses in the In re Checking Account Overdraft multidistrict litigation. In this appeal, the panel reviewed the district court's denial of Wells Fargo Bank's conditional motion to dismiss the claims of the unnamed class members in favor of arbitration.