Nordbye v. BRCP/GM Ellington

In this interlocutory appeal in a putative class action, defendant BRCP/GM Ellington1 contends that the trial court erred in denying its motion to dismiss for lack of subject matter jurisdiction and, in the same order, allowing intervention by two members of the putative class. In defendant’s view, the named plaintiff, Sarah Nordbye,2 had ceased to have standing and her claims had become moot. Thus, defendant argues, the trial court lacked subject matter jurisdiction over the action and could not allow intervention. We conclude that defendant is correct; the trial court should have dismissed…