TITLE

WITHOUT A LEG TO STAND ON? CLASS REPRESENTATIVES, FEDERAL COURTS, AND STANDING DESIDERATA

AUTHOR(S)
DeVougas, Daniel D.
PUB. DATE
March 2012
SOURCE
Cornell Law Review;Mar2012, Vol. 97 Issue 3, p627
SOURCE TYPE
Academic Journal
DOC. TYPE
Article
ABSTRACT
Class action litigation has become increasingly prominent within the last decade. Observing this reality, this Note explores an emerging trend at the district court level--specifically, that federal courts appear to be scrutinizing the standing of class representatives to decrease litigation abuses. But is this the best way to go about it ? This Note takes the position that such "standing scrutiny" is not the best tool to quell abusive or unruly class actions and that "joinder scrutiny" (i.e., scrutinizing the propriety of permissively joining defendants to a class action) is the better way for district courts to proceed. In so doing, this Note briefly reviews the tenets of the standing and permissive joinder doctrines. Furthermore, it provides a comparative analysis of both approaches, looking at the legal and policy implications of each.
ACCESSION #
74267690

 

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