DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
142380P.pdf 08/04/2015 David Oetting v. Glenn A. Norton
U.S. Court of Appeals Case No: 14-2380
U.S. District Court for the Eastern District of Missouri - St. Louis
[PUBLISHED] [Loken, Author, with Riley, Chief Judge, and Shepherd, Circuit
Judge]
Civil case - Legal malpractice. Because Oetting alleged no injury other
than a loss to his share of the settlement fund - which became zero when
he did not cash his settlement checks - he failed to allege the elements
of Article III standing for a personal claim; lacking a personal claim for
a share of any money recovered from defendants, Oetting is not a member of
the class he seeks to represent in this separate action; Oetting's status
as class representative of the NationsBank class certified in the main
action did not, without more, provide either Oetting or the class itself
with standing to maintain any of the claims asserted in this separate
action; district court had no duty to name a substitute plaintiff where
Oetting, the sole named plaintiff in this as-yet uncertified class action,
had ample notice that the defendants were seeking to dismiss for lack of
standing.