Devlin v. Scardelletti, 536 U.S. 1, 6 (2002)

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Opinion of the Court

Shortly thereafter, petitioner noted his appeal, challenging the District Court's dismissal of his intervention motion as well as its decision to approve the settlement. The Court of Appeals for the Fourth Circuit affirmed the District Court's denial of intervention under an abuse of discretion standard. 265 F. 3d, at 203-204. It further held that, because petitioner was not a named representative of the class and because he had been properly denied the right to intervene, he lacked standing to challenge the fairness of the settlement on appeal. Id., at 208-210.

Petitioner sought review of the Fourth Circuit's holding that he lacked the ability to appeal the District Court's approval of the settlement. We granted certiorari, 534 U. S. 1064 (2001), to resolve a disagreement among the Circuits as to whether nonnamed class members who fail to properly intervene may bring an appeal of the approval of a settlement. Compare Cook v. Powell Buick, Inc., 155 F. 3d 758, 761 (CA5 1998) (holding that nonnamed class members who have not successfully intervened may not appeal settlement approval); Gottlieb v. Wiles, 11 F. 3d 1004, 1008-1009 (CA10 1993) (same); Guthrie v. Evans, 815 F. 2d 626, 628-629 (CA11 1987) (same); Shults v. Champion Int'l Corp., 35 F. 3d 1056, 1061 (CA6 1994) (same), with In re PaineWebber Inc. Ltd. Partnerships Litigation, 94 F. 3d 49, 53 (CA2 1996) (any non-named class member who objected at the fairness hearing may appeal); Carlough v. Amchem Prods., Inc., 5 F. 3d 707, 710 (CA3 1993) (same); Marshall v. Holiday Magic, Inc., 550 F. 2d 1173, 1176 (CA9 1977) (same).


Although the Fourth Circuit framed the issue as one of standing, 265 F. 3d, at 204, we begin by clarifying that this issue does not implicate the jurisdiction of the courts under Article III of the Constitution. As a member of the retiree class, petitioner has an interest in the settlement that creates a "case or controversy" sufficient to satisfy the constitutional

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