Focus (Forum & Focus)
Jun. 27, 2007
Reversed Intervention
Focus Column - By David Martinez and Vincent S. Loh - A new ruling protects against one-way interventions in class actions.
By David Martinez and Vincent S. Loh
The rule against one-way intervention requires trial courts to decide class issues before addressing the substantive merits of a case. Grounded in due-process principles, the rule is designed to ensure that affected parties are bound before deciding the merits. As explained by the 7th U.S. Circuit Court of Appeals, without this rule, "[o]ne plaintiff could sue and lose; another...
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