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Reversed Intervention

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By Vincent S. Loh
Los Angeles Daily Journal, San Francisco Daily Journal
June 26, 2007

Vincent Loh's article, "Reversed Intervention," was published in the Daily Journal on June 26, 2007.

From the article...

"The "rule against one-way intervention" requires trial courts to decide class action issues before addressing the substantive merits of a case. Grounded in due process principles, the rule is designed to ensure that affected parties are bound before deciding the merits. Aptly put, the rule protects defendants from "being pecked to death by ducks. One plaintiff could sue and lose; another could sue and lose; and another and another until one finally prevailed; then everyone else would ride on that single success." Premier Electrical Construction Co. v. National Electrical Contractors Assn., Inc. (7th Cir. 1987) 814 F.2d 358, 362."

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