What Is the Doctrine of ''Relation Back'' In Respect of Class Actions ?
A plaintiff may continue litigation once it is commenced despite the loss of his or her personal stake in the outcome of the litigation if it is demonstrated that the claim will likely arise again and otherwise evade review. See Southern Pac. Terminal Co. v. Interstate Commerce Comm'n, 219 U.S. 498, 515-16, 31 S. Ct. 279, 55 L. Ed. 310 (1911).
This exception is the "relation back doctrine." Markham, 779 S.W.2d at 876.
"The doctrine has been used to allow the continuation of a class action suit where the named representative initially had a personal stake in the litigation at the time of filing the suit, but lost the personal stake during the course of the litigation." Id. (citing United States Parole Comm'n, 445 U.S. at 398, 100 S. Ct. at 1205, 63 L. Ed. 2d at 491).