Adequacy of Representation
The requirement that the representative and counsel will fairly protect absent members' interests.
Two components: the absence of conflict between the representative and the class, and the competence and resources of proposed class counsel. Adequacy is the doctrinal home of most objections to aggregate settlements, and the analogue concern in mass arbitration is whether counsel holding thousands of individual retainers can serve each claimant's interest when negotiating a portfolio resolution.
See also
- Rule 23The Federal Rule of Civil Procedure governing class actions.
- TypicalityThe requirement that the representative's claims be typical of the class.
- Aggregate Settlement (Mass Arbitration)Global resolution of a mass filing inventory, typically at a fraction of the administrative fee exposure.
- Third-Party Litigation FundingOutside capital advanced against a share of litigation proceeds.
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