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Fed. R. Civ. P. 23(a)(4) requires that the representative parties – the class representatives and their counsel – will adequately protect the interest of the class.  Relatively few class-action decisions turn on the adequacy of class counsel, but in <a href="https://www.employmentclassactionreport.com/class-certification/court-refuses-certify-class-due-lack-adequacy-class-counsel/#more-4995">a post on BakerHostetler’s Employment Class Action Blog, Greg Mersol highlights</a> a recent decision in which a class was denied certification because the attorneys were not adequate class representatives under Rule 23.

Bottom line: adequacy matters.

Court Refuses to Certify Class Due to Lack of Adequacy of Class Counsel