This article examines the financial implications of Federal Rule of Civil Procedure 23(a)(4) which requires that the representative for a class action provide fair and adequate representation in an adjudication of the class' rights. The authors trace the development in case law of the 23(a)(4) financial condition considerations. They then examine the tensions which arise as a result of imposition of heavy financial responsibilities on the class plaintiff under 23(a)(4). Requiring the prospective plaintiff to prove financial competence serves to provide due process and protection for the rights of absent class members but it may also preclude a plaintiff from bringing the suit at all. The authors suggest possible directions for legislative reform and recommend further legislative consideration of resolution of the competing objectives.
Janice A. Kaye and Donald F. Sinex,
The Financial Aspect of Adequate Representation Under Rule 23(a)(4): A Prerequisite to Class Certification?,
31 U. Miami L. Rev.
Available at: http://repository.law.miami.edu/umlr/vol31/iss3/6