adequate representation requirement (Delaware) · Go Syfert
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adequate representation requirement in Delaware

6 Delaware opinions name it 2 courts 1996–2023 1 in the last five years

The cases below were cited by Delaware courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (2)

CaseFollowedCited
Matsushita Electric Industrial Co. v. Epsteingreen
scotus · 1996 · cited in 4 Delaware opinions naming this issue, 1996–2018
2 sentences

2018Co., Ltd. v. Epstein , as noting the general point that "final judgments can be attacked collaterally on due process grounds for failure to satisfy the adequate representation requirement." 74 A.3d at 618 n.21 (citing 516 U.S. 367 , 395-96, 116 S.Ct. 873 , 134 L.Ed.2d 6 (1996) (Ginsburg, J., concurring in part and dissenting in part)).

2018Co., Ltd. v. Epstein , as noting the general point that "final judgments can be attacked collaterally on due process grounds for failure to satisfy the adequate representation requirement." 74 A.3d at 618 n.21 (citing 516 U.S. 367 , 395-96, 116 S.Ct. 873 , 134 L.Ed.2d 6 (1996) (Ginsburg, J., concurring in part and dissenting in part)).

14
Prezant v. De Angelisgreen
del · 1994 · cited in 2 Delaware opinions naming this issue, 1996–2023
2 sentences

2023But Prezant contains no such limiting principle.” (citing Rpt. at 67 n.214)). 75 Prezant’s holding is clear: “Accordingly, we do not believe that a class action settlement can constitutionally bind absent class members without a judicial determination that the adequate representation requirement of Rule 23(a)(4) has been satisfied.” 636 A.2d at 924 .

1996An essential component of that approval process is “a judicial determination that the adequate representation requirement of Rule 23(a)(4) has been satisfied.” Prezant v. DeAngelis, Del.Supr., 636 A.2d 915, 924 (1994).

12

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Delaware. Read the followed side critically anyway.

Also cited on this issue (2)

CaseCitedYears
Pyott v. Louisiana Municipal Police Employees' Retirement System green
del · 2013
1 sentence

2018Co., Ltd. v. Epstein , as noting the general point that "final judgments can be attacked collaterally on due process grounds for failure to satisfy the adequate representation requirement." 74 A.3d at 618 n.21 (citing 516 U.S. 367 , 395-96, 116 S.Ct. 873 , 134 L.Ed.2d 6 (1996) (Ginsburg, J., concurring in part and dissenting in part)).

12018–2018
Phillips Petroleum Co. v. Shutts green
scotus · 1985
1 sentence

2001Indeed, this Court stated that “a class action settlement could not constitutionally bind absent class members without a judicial determination that the adequate representation requirement of Rule 23(a)(4) has been satisfied.” See id. at 924 .

12001–2001

Where else courts name it

IL 26 (1991–2025) DE 6 (1996–2023) TX 3 (1990–2009) CA 2 (2008–2024) WI 2 (2006–2008)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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