Abstract

MORENO CRUZ, Pablo Andrés. Use of the terms 'Adequate Representation' and the operability of the American Federal Plaintiff Class Action. Rev. Derecho Privado [online]. 2011, n.21, pp.149-190. ISSN 0123-4366.

The author explains how, in the normative context of the Federal Plaintiff class Action, the contents assigned to the subjective right to adequate representation condition the biding effect of the class action judgments and, hence, the use of the procedural device prescribed by Rule 23 of the Federal rules of civil Procedure. In particular, this essay shows how the legal actors, in the light of a function assigned each time to the class action, use the terms 'adequate representation' to justify the constitutionality of the normative choices that progressively restrict the content traditionally assigned to the subjective right of action.

Keywords : class Action; Rule 23; mandatory CA; Hybrid CA; binding effect of class action judgments; res judicata; right to adequate representation; day in court; Wal-mart v. Dukes; deterrence; access to justice; subjective right of action.

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