Year: 2009
Type: article
Abstract: A number of commentators have argued for an expansion of the preclusion doctrines in the class action context, thereby limiting the ability to challenge a class judgment through subsequent litigation.The preclusion doctrines apply when one's interests have already been represented and litigated, and thus, as a general matter, the preclusion doctrines do not apply to nonparties; the class action is one of several limited exceptions.In this Article, I conclude that the class action exception is notably and distinctively inconsistent with the underlying construct that gives cohesion to the preclusion doctrines and their exceptions-a construct with both theoretical and practical dimensions: the foundational prerequisite of direct representation in litigation.I.
Author: Debra Lyn Bassett
Institution: Southwestern Law School
Language: English
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: green
OpenAlex ID: W1797975998