Document Type

Working Paper

Publication Date

10-25-2005

SSRN Discipline

Legal Scholarship Network; Law School Research Papers - Legal Studies; Litigation, Procedure & Dispute Resolution eJournals; LSN Subject Matter eJournals; Law School Research Papers - Public Law & Legal Theory

Abstract

A perceptible shift in the view of class actions has occurred over the past twenty years Originally hailed as an important vehicle to remedy racism sexism and other civil rights violations class actions today are the subject of ridicule derision and repeated calls for curbing practices tagged as abusivepractices ranging from forum shopping to attorneys fees to collateral attacks against class judgments all of which tend to be ascribed to greedy lawyers representing undeserving plaintiffs Recent congressional legislation has addressed issues regarding forum shopping and attorney fees recent legal commentary has addressed issues of finality and collateral attack This Article in a limited manner joins the debate concerning the ability to collaterally attack a class judgment by adding an overlooked perspective arguing that adequacy of representation a prerequisite to a binding class judgment is an obligation not only of class counsel the class representatives and the court but also of the defendant

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