Focus (Forum & Focus)
Jul. 24, 2009
Double Duty
The U.S. Supreme Court has found an attorney does not adequately represent the class where he also separately represents individual clients with claims against the same defendant, writes Emily L. Maxwell.
FOCUS COLUMN
By Emily L. Maxwell The validity of the class action mechanism to aggregate and finally determine the claims of people who are not before the court rests on several procedural safeguards designed to protect the due process rights of absent class members. Among these bedrock principles is adequate representation. To protect absent class members, the named plaintiff appointed as a class representative and the attorneys appointed as clas...
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