Toms sought certification of a class consisting of all other Virginia residents who had received similar let- ters from Allied in the prior year. The complaint requested declara- tory relief, statutory damages, and attorneys' fees. After a hearing, the district court held that Toms and his attorneys did not satisfy the adequacy requirement for class certification. Examining Toms' contract for legal services, the court determined that Toms would bear no responsibility for liti- gation expenses if the class were certified. Toms and Allied then negotiated a settlement of his claims, and the district court entered a final order of dismissal.
Toms now appeals the denial of class certification.
To qualify as a case fit for federal-court adjudication, an actual controversy must be extant at all stages of review . . . . On appeal, just as at trial, a party must hold a con- crete interest in the litigation to invoke the jurisdiction of the court. If the plaintiff loses that interest, the case becomes moot. The Supreme Court has recognized two such interests in the class action context. A plaintiff seeking class certification may assert an 3 interest either in his individual substantive claim or in shifting the costs of litigation to the remainder of the class.