Many defense lawyers get particularly impassioned about adequacy in class actions; and I’m no exception. After all, adequacy ensures (or at least it is supposed to ensure) that a real plaintiff with a real injury–as opposed to lawyer with a LEXIS/NEXIS account and a hunger for fees–is bringing the case. In a recent article

It’s a situation familiar to many class-action defendants: a plaintiff files a complaint with, say, ten causes of action. But, by the time the case reaches the certification stage, she’s voluntarily dismissed nine of them–including the ones that actually address the alleged harm–in favor of an attenuated theory that she thinks stands the best chance

On Tuesday, the Supreme Court heard argument in Smith v. Bayer Corp. The argument featured very active participation by the justices. The argument  featured several very interesting moments:

Plaintiffs’ argument focused primarily on whether a collateral estoppel ruling on class certification deprives putative class members of due process.

JUSTICE SOTOMAYOR: [Y]ou’re really arguing that