Review Denied in Case Denying Standing to Appeal For Non-Intervening Class Members

The Supreme Court today denied review in HealthPath of Mercer County Inc. v. Aetna Inc. (11th Cir. 2005), a case that held that unnamed, non-intervening class members lack standing to appeal a district court's order denying a Fed.R.Civ.P. 60(b) motion to enlarge time to opt out of a class action settlement and denying alternative motion for relief from settlement judgment. The petitioner was asking to court to construe Devlin v. Scardelletti, 536 U.S. 1 (2002)--which held that non-intervening unnamed class members had standing to appeal if they objected to the fairness of the settlement--also to give non-intervening class members standing to appeal a collateral lower federal court order denying a motion for enlargement of time to opt-out, even though such order was unrelated to the fairness or approval of the class action settlement.