The adequacy requirement tends to be much-analyzed, but–at least from a defense perspective–wildly under-enforced. As Dean Robert Klonoff recently wrote, one reason for this may be that it is so difficult for class counsel to actually identify plaintiffs that can serve as adequate class representatives. But, as a result, there are numerous cases that

Most articles about negotiation or settlement treat conflict not just as something to be avoided, but as a complete breakdown in the negotiation process. Either conflict represents a massive miscalculation (as law-and-economics scholars have said about litigation, and international security scholars say about war), or it represents a best alternative to negotiation for one party.