What is the legal test for "adequate representation" of a party to a motion for class action?
MultiRegion, United States of America
The following excerpt is from SW. Center for Biological Deversity v. Berg, 268 F.3d 810 (9th Cir. 2001):
(9th Cir. 1983). However, the burden of showing inadequacy is "minimal," and the applicant need only show that representation of its interests by existing parties "may be" inadequate. Trbovich v. United Mine Workers, 404 U.S. 528, 538 n.10 (1972). In assessing the adequacy of representation, the focus should be on the "subject of the action," not just the particular issues before the court at the time of the motion. Sagebrush, 713 F.2d at 528.
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