deposit guaranty nat bank roper argued october decided march respondents holders credit cards issued petitioner bank sued petitioner damages federal district seeking represent interests class similarly situated credit card customers complaint based national bank act alleged usurious finance charges made accounts respondents putative class district denied respondents motion certify class ruling circumstances meet requirements federal rule civil procedure appeals denied respondents motion interlocutory appeal petitioner tendered respondent maximum amount recovered respondents refused accept tender district respondents objections entered judgment favor basis tender dismissed action amount tender deposited petitioner registry respondents thereafter sought review class certification ruling appeals concluded inter alia case mooted entry judgment respondents favor reversed adverse certification ruling held neither petitioner tender district entry judgment favor respondents objections mooted private case controversy individual interest litigation distinguished whatever may representative responsibilities putative class sufficient permit appeal adverse certification ruling pp appropriate case appeal may permitted adverse ruling collateral judgment merits behest party prevailed merits long party retains stake appeal satisfying art iii requirements neither rejected tender dismissal action respondents objections mooted claim merits long retained economic interest class certification pp denial class certification example procedural ruling collateral merits litigation appealable entry final judgment denial certification stands adjudication one issues litigated respondents asserted throughout appellate litigation continuing individual interest resolution class certification question desire shift part costs litigation share benefits class certified ultimately prevails thus entitled portion district judgment reviewed deny right appeal simply defendant sought buy individual claims named plaintiffs contrary sound judicial administration pp burger delivered opinion brennan white marshall rehnquist stevens joined rehnquist post stevens post filed concurring opinions blackmun filed opinion concurring judgment post powell filed dissenting opinion stewart joined post william goodman argued cause petitioner briefs vardaman dunn champ lyons argued cause respondents brief frederick helmsing roberts wilson chief justice burger delivered opinion granted certiorari decide whether tender named plaintiffs class action amounts claimed individual capacities followed entry judgment favor basis tender objection moots case terminates right appeal denial class certification respondents holders credit cards issued bankamericard plan petitioner deposit guaranty national bank sued bank district southern district mississippi seeking represent interests class similarly aggrieved customers complaint alleged usurious finance charges made accounts respondents putative class mississippi credit card holders respondents cause action based provisions national bank act rev stat amended section permits banks within coverage act charge interest rate allowed laws state territory district bank located case higher rate interest allowed knowingly charged allows person paid unlawful interest recover twice total interest paid modern phenomenon credit card systems largely dependent computers perform myriad accounting functions required charge transaction customer account case bank computer programmed billing date added charges subtracted credits added finance charges due bankamericard plan prepared customers statements period question bank made monthly service charge unpaid balance account however customers allowed days within pay accounts without service charge payment received within time computer added customer next bill unpaid portion prior bill shown new balance actual finance charges paid customer varied depending stream transactions repayment plan selected addition effective annual interest rate paid customer vary service charge assessed unpaid balance matter charged transactions occurred within period prior billing date monthly service charge asserted usurious certain circumstances resulting effective annual interest rate allegedly exceeded maximum interest rate permitted mississippi law district denied respondents motion certify class ruling circumstances meet requirements federal rule civil procedure district certified order denying class certification discretionary interlocutory appeal pursuant proceedings stayed days pending possible appellate review denial class certification appeals fifth circuit denied respondents motion interlocutory appeal bank tendered named plaintiff form offer defendants enter judgment consent without waiver defenses admission liability maximum amount recovered amounts tendered respondents roper hudgins respectively including legal interest costs respondents declined accept tender made counteroffer judgment attempted reserve right appeal adverse class certification ruling counteroffer declined bank based bank offer district entered judgment respondents favor objection dismissed action bank deposited amount tendered registry remains time putative class member sought intervene either litigate merits appeal certification ruling appears time district entered judgment dismissed case statute limitations run individual claims unnamed class members respondents sought review class certification ruling appeals bank argued case mooted entry judgment respondents favor rejecting bank contention relied part airlines mcdonald held member putative class appeal denial class certification intervention entry judgment favor named plaintiff statutory time appeal run roper consurve two members panel read rule providing obligation named plaintiffs act representative capacity behalf putative class seeking certification outset litigation appealing adverse certification ruling view district also responsibility ensure dismissal suit named plaintiffs prejudice putative class members one member panel concurring specially limited ruling mootness circumstances case filing class action mere tender offer settlement named plaintiffs without acceptance moot controversy prevent named plaintiffs appealing adverse certification ruling rejected bank mootness argument appeals reviewed district ruling class certification question concluded requisites rule satisfied accordingly reversed adverse certification ruling remanded directions certify class proceedings certiorari sought review holdings appeals mootness class certification granted writ limited question mootness resolve conflicting holdings courts appeals ii begin identifying interests considered questions touching justiciability presented context first interest named plaintiffs personal stake substantive controversy related right litigants federal employ appropriate circumstances procedural device rule class action pursue individual claims separate consideration distinct private interests responsibility named plaintiffs represent collective interests putative class two interests implicated rights putative class members potential intervenors responsibilities district protect absent class integrity judicial process monitoring actions parties appeals distinguish among distinct interests reviewed possible interests view bearing whether appeal denial certification allowed diverse interests interrelated distinguish among purposes analysis conclude resolution narrow question presented requires consideration private interest named plaintiffs critical inquiry turn whether respondents individual private case controversy became moot reason petitioner tender entry judgment respondents favor respondents holders credit cards issued bank claimed damages private capacities alleged usurious interest charges levied violation federal law complaint asserted suffered actual damage result illegal acts bank complaint satisfied requirement art iii constitution parties federal civil action respondents exercised option putative members similarly situated cardholder class assert claims rule right assert claims framework class action clear however right litigant employ rule procedural right ancillary litigation substantive claims substantive claims become moot art iii sense settlement personal claims example retains jurisdiction controversy individual plaintiffs factual context question arises important time named plaintiffs accept tender settlement case instead judgment entered favor without consent case dismissed continued objections neither rejected tender dismissal action plaintiffs objections mooted plaintiffs claim merits long retained economic interest class certification although case controversy mooted art iii sense upon payment satisfaction final unappealable judgment decision final purposes appeal absolutely resolve case controversy time appeal run confession judgment defendants less issues moot entire case issues case may appealable assume district final judgment fully satisfying named plaintiffs private substantive claims preclude appeal aspect final judgment however follow circumstance terminate named plaintiffs right take appeal issue class certification congress vested appellate jurisdiction courts appeals review final decisions district courts ordinarily party aggrieved judgment order district may exercise statutory right appeal therefrom party receives sought generally aggrieved judgment affording relief appeal public service brashear freight lines new york telephone maltbie corning troy iron nail factory moore federal practice ed rule one federal appellate practice however derived statutes granting appellate jurisdiction historic practices appellate courts source jurisdictional limitations art iii appropriate case appeal may permitted adverse ruling collateral judgment merits behest party prevailed merits long party retains stake appeal satisfying requirements art iii illustration principle practice electrical fittings thomas betts case respondents sued petitioners infringement patent suit defense may prevail either successfully attacking validity patent successfully defending charge infringement electrical fittings decree district adjudged patent valid dismissed complaint failure prove infringement respondents appeal petitioners sought review appeals much decree adjudicated patent valid respondents filed motion dismiss appeal based ground appeal raise questions already moot fact petitioners already granted dismissal bill relief entitled appeals dismissed appeal ground ruling decree district subsequent suits matter collateral estoppel otherwise influence litigation issue patent validity review question view ruling patent validity effect subsequent litigation nevertheless unanimous allowed appeal reform decree party may appeal judgment decree favor purpose obtaining review findings deems erroneous necessary support decree decree purports adjudge validity patent though adjudication immaterial disposition cause stands adjudication one issues litigated think petitioners entitled portion decree eliminated circuit appeals jurisdiction held entertain appeal purpose passing merits direct reformation decree footnotes omitted view denial class certification example procedural ruling collateral merits litigation appealable entry final judgment denial class certification stands adjudication one issues litigated electrical fittings respondents assert continuing stake outcome appeal entitled portion district judgment reviewed hold appeals jurisdiction entertain appeal review asserted procedural error purpose passing merits substantive controversy federal appellate jurisdiction limited appellant personal stake appeal respondents maintained throughout appellate litigation retain continuing individual interest resolution class certification question desire shift part costs litigation share benefits class certified ultimately prevails see supra individual interest may satisfied fully effect given decision appeals setting aside held erroneous district ruling class certification electrical fittings petitioners asserted concern success unspecified future litigation impaired stare decisis application district ruling patent validity concern supplied personal stake appeal required art iii satisfied fully petitioners secured appellate decision eliminating erroneous ruling decree decree electrical fittings reformed unreviewable judgment put end litigation mooting substantive claims proceedings remand may follow different pattern governed principles say definitively become respondents continuing personal interest substantive controversy petitioner case returns district petitioner denied liability respondents tendered appear regard nuisance settlement respondents never accepted tender judgment satisfaction substantive claims cf cover schwartz judgment district accepting petitioner tender set aside appeals need speculate correctness action district accepting tender first instance whether petitioner may withdraw tender perhaps question thought open doubt stated past without extended discussion order denying class certification subject effective review final judgment behest named plaintiff coopers lybrand livesay livesay unanimously rejected argument advanced favor affording prejudgment appeal matter right adverse class certification ruling came within collateral order exception rule appealability class certification question final judgment merits important ingredient ruling livesay proposition cited airlines mcdonald case involved judgment entered merits favor named plaintiff mcdonald assumed named plaintiff entitled appeal denial class certification use procedure litigation individual claims may offer substantial advantages named plaintiffs may motivate bring cases economic reasons might brought otherwise plainly growth litigation stimulated agreements enlargement role type fee arrangement played vindicating rights individuals otherwise might consider worth candle embark litigation optimum result might consumed cost prospect fee arrangements offers advantages litigation named plaintiffs class actions well attorneys better worse financial incentive class actions offer legal profession natural outgrowth increasing reliance private attorney general vindication legal rights obviously development facilitated rule aggregation individual claims context classwide suit evolutionary response existence injuries unremedied regulatory action government economically feasible obtain relief within traditional framework multiplicity small individual suits damages aggrieved persons may without effective redress unless may employ device potential misuse mechanism obvious benefits class members often nominal symbolic persons class members becoming chief beneficiaries remedy abuses lie denying relief sought rule untoward consequences district ruling certification issue often significant decision rendered proceedings deny right appeal simply defendant sought buy individual private claims named plaintiffs contrary sound judicial administration requiring multiple plaintiffs bring separate actions effectively picked defendant tender judgment affirmative ruling class certification obtained obviously frustrate objectives class actions moreover invite waste judicial resources stimulating successive suits brought others claiming aggrievement interests defendant forestall appeal denial class certification accomplished tendering individual damages claimed named plaintiffs permitting appeal district certification ruling either interlocutory appeal entry judgment merits also minimizes problems raised forum shopping putative class representatives attempting locate judge perceived sympathetic class actions small individual claims otherwise might limited local state courts rather federal forum justify ignoring overall problem wise use judicial resources policy considerations irrelevant determination whether adverse procedural ruling certification subject appeal behest named plaintiffs courts certain latitude formulating standards govern appealability procedural rulings even though case holding may determine absolute finality judgment thus indirectly determine whether controversy become moot conclude record district entry judgment favor named plaintiffs objections moot private case controversy respondents individual interest litigation distinguished whatever may representative responsibilities putative class sufficient permit appeal adverse certification ruling affirmed footnotes district found requirements rule met putative class representatives failed establish predominance questions law fact common class members class action shown superior method adjudication due availability traditional procedures prosecuting individual claims mississippi courts horrendous penalty result destruction bank claims successfully aggregated substantive law mississippi views aggregation usury claims undesirable tremendous burden handling claims particularly counterclaims filed reversal district denial certification appeals may relate back time original motion certification purposes tolling statute limitations claims class members see airlines mcdonald winokur bell federal savings loan cert denied note rule prescribes certain responsibilities district case brought class action class certified class action may dismissed compromised without approval notice proposed dismissal compromise shall given members class manner directs conceivably also may circumstances need defined district responsibility prior approval settlement dismissal class action provide opportunity intervention member putative class purpose appealing denial class certification intervention occurred airlines mcdonald supra dissent construes notice appeal complete abandonment respondents art iii personal stake appeal post case indeed appeal taken named plaintiffs although purpose secure class certification throughout litigation respondents asserted personal stake appeal desire shift successful class litigants portion fees expenses incurred litigation assert continuing obligation see brief opposition motion dismiss appeal reply brief pp sense petitioner electrical fittings sought review district procedural error district correct inquiring fully validity patent sinclair carroll interchemical incorrect adjudge patent valid ruling infringement district decided hypothetical controversy altvater freeman yet petitioners take appeal correct error adverse decision litigated issue continued assert interest outcome issue policy reasons considered procedural question sufficient importance allow appeal coopers lybrand livesay held class certification ruling fall within narrow category circumstances appeal allowed prior final judgment matter right however ruling livesay intended preclude motions seeking discretionary interlocutory appeal review certification ruling see cases appeal promise substantial savings time resources reasons viewed hospitably significant benefit claimants choose litigate individual claims context prospect reducing costs litigation particularly attorney fees allocating costs among members class benefit recovery typically attorney fees named plaintiff proceeding without reliance rule exceed value individual judgment favor one plaintiff damages claimed two named plaintiffs totaled plaintiffs unlikely obtain legal redress acceptable cost unless counsel motivated incentive proceeded basis course central concept rule case raise question propriety agreements see miller overview federal class actions past present future federal judicial center difficult questions arise named plaintiffs responsibilities putative class prior certification case require us reach questions justice rehnquist concurring write briefly state seems sufficient differences case parole geraghty post allow appeal denial class certification case dismiss attempted appeal question geraghty moot writing clean slate might well resolve cases respondents today cleaned slate successful formulating sound principles replace seem muddled inconsistent ones past compare sosna iowa franks bowman transportation airlines mcdonald pasadena city bd education spangler coopers lybrand livesay indianapolis school jacobs case parole geraghty article iii precedents jacobs supra spangler supra require dismissal action geraghty simply individual interest remaining certified class intervenors supply interest action within narrow class cases distinctly capable repetition yet evading review gerstein pugh facts case contrast fit within framework precedents permitting continuation action distinguishing feature defendant made unaccepted offer tender settlement individual putative representative claim action moot art iii sense adopts rule individual seeking proceed class representative required accept tender individual claims long require acceptance individual required prove case requisite art iii adversity continues acceptance need mandated precedents since defendant offered requested complaint relief class rule give defendant practical power make denial class certification questions unreviewable since adversity fact retained set facts fits within narrow class cases contrary rule lead reality otherwise issue evade review think precedents provide maintenance action sosna supra gerstein supra accordingly join opinion case justice powell dissent geraghty justice stevens concurring dissenting opinion justice powell district erroneously refused certify class member class attempted intervene respondents plaintiffs arguably present post position apparently based notion unless class members present purposes thus may liable costs bound judgment etc considered present purpose respectfully disagree may opinion proper complaint filed absent members class considered parties case controversy least limited purpose art iii jurisdiction district judge fails certify class believe remain parties final determination made action may maintained class action thus continued viability case controversy words used art iii depend district judge initial answer certification question rather depends plaintiffs right class certified accordingly even named plaintiff personal stake lawsuit effectively eliminated question mootness arises simply remaining adversary parties unnamed rather issue arises whether named plaintiff continues proper class representative purpose appealing adverse class determination cf east texas motor freight system rodriguez parole geraghty post judgment case geraghty named plaintiffs clearly remained appropriate representatives class least limited purpose therefore join opinion justice blackmun concurring judgment concur judgment parole geraghty post respondents appeal order denying class certification moot agree ruling class certification motion stands litigated issue become moot named plaintiff suit merits mooted limit appealability procedural motion however situations possibility named plaintiff able recover attorney fees either defendant fund awarded class general agreement class properly certified case become moot simply class representative individual interest merits litigation expired case absent class members continued stake controversy sufficient maintain viability art iii case certification denied district however appeals determine whether members class continue stake outcome determined whether action properly maintained class action proper class action entire case moot hand district refusal certify class erroneous believe remains live controversy courts jurisdiction resolve art iii recognize tension approach suggested sua sponte decision indianapolis school jacobs see also pasadena city bd education spangler justice blackmun points parole geraghty post case distinguishable case involved attempt litigate merits appeal behalf improperly certified class agree properly consider merits threshold question whether class certified resolved however disagree conclusion entire action dismissed moot view absent class members remained sufficiently present remand class issue appropriate resolution absent class members whose status fully adjudicated present purposes litigating merits case find present purposes sharing costs suffering adverse judgment class ultimately certified class members course retain right opt agree determination case geraghty respective named plaintiffs continue sufficient personal stake outcome satisfy art iii requirements see ante geraghty post status unnamed members uncertified class always difficult define accurately persons described parties interest see smith swormstedt interested parties see tribe cauble absent parties see hansberry lee nothing novel suggestion absent parties may regarded parties limited purpose analyzing status case controversy certification order entered indeed since concept absent parties developed long anyone conceived certification orders find difficult understand existence case controversy constitutional sense depend compliance procedural requirement first created view jurisdictional issue necessarily enlarge fiduciary responsibilities class representative justice powell suggests see post event share concern expressed opinion personal liability class representative costs attorney fees case ultimately lost anyone voluntarily engages combat whether courtroom elsewhere must recognize blood may spilled justice powell justice stewart joins dissenting respondents two credit card holders claim petitioner charged usurious interest violation national bank act mississippi law filed action late recover charges plus penalty equal amount individual totals app respondents also sought relief behalf class alleged include persons claims aggregating million four years litigation district denied respondents motion class certification seven months later petitioner tendered respondents full amount individual claims plus legal interest costs respondents objection district entered final judgment favor petitioner deposited full amount due clerk one disputes petitioner tendered everything respondents recovered action nevertheless appeals fifth circuit rejected petitioner suggestion mootness reversed denial class certification affirms judgment appeals finding respondents retain personal stake sharing expense litigation members putative class ante speculative interest simply sustain jurisdiction art iii established controlling precedents accordingly dissent although differences case similar parole geraghty post one important respect require us decide whether putative class representatives may appeal denial class certification derive benefit whatever relief sought action geraghty district refused certify class case however recognizes established art iii doctrine right employ rule procedural right ancillary litigation substantive claims ante also agrees federal retains jurisdiction controversy parties substantive claims become moot art iii sense ibid moreover acknowledges familiar principle party personal stake outcome action presents case controversy cognizable federal appeals ante indeed dispositive principles disagreement way applies case view principles unambiguously require finding mootness since class certified one sought intervene respondents plaintiffs arguably present yet respondents continuing interest injuries alleged complaint sought damages damages tendered full respondents make claim success certification motion entitle additional relief kind petitioner personal claims relief abandoned completely appeal taken names notice appeal filed district recites respondents appeal behalf others similarly situated app compelling evidence respondents interest individual private case controversy relied today ante even without evidence courts routinely held tender full relief remedies plaintiff injuries eliminates stake outcome california san pablo tulare drs hill thomas per curiam lamb commissioner per curiam allen revivals campbell per curiam tender moots case whether judgment entered ibid thus law clear federal powerless review abstract questions remaining case plaintiff refused accept proffered settlement fully satisfies claims know authority remotely suggesting result differ district entered judgment favor respondents instead dismissing lawsuit moot certainly true observes entry judgment favor party moot case ante never doubt party may appeal aspects generally favorable judgment affect adversely see wright miller cooper federal practice procedure moore federal practice ed requirement adverse effect rule federal appellate practice ante held repeatedly concedes ante art iii requires live controversy personal stake issue throughout entirety litigation sosna iowa see preiser newkirk constitutional limitation rule practice impelled federal courts uniformly require showing continuing adverse effect order confer standing appeal barry district columbia bd elections app wright miller cooper supra see altvater freeman electrical fittings thomas betts kapp national football league cover schwartz cert denied cases show requirements art iii affected factual context suggestion mootness arises see ante whatever context art iii asks single question continuing controversy adverse parties retain requisite stake outcome action electrical fittings thomas betts supra case primarily relied upon provides little support today ruling electrical fittings limited appeal allowed petitioner prejudiced inclusion unnecessary adverse finding generally favorable decree see ante existence district order denying certification effect whatever respondents thus personal stake justified electrical fittings appeal present case absent stake simply irrelevant policy considerations sometimes may favor appeal procedural ruling collateral merits litigation significant ruling stands adjudication one issues litigated ante collateral rulings like rulings may appealed requirements art iii satisfied recognizing right appeal subject jurisdictional limitations art iii agrees party retains stake appeal satisfy requirements art iii ante see ante also agrees respondents remaining stake merits substantive controversy ibid nevertheless holds respondents retain personal stake appeal desire shift successful class litigants portion fees expenses incurred litigation assert continuing obligation ante see ante conclusion neither legally sound supported record fails identify single item expense chargeable petitioner incurred respondents petitioner tender similarly respondents conspicuously vague identifying fees expenses relied upon supplying adverse interest essential live controversy expense mentioned respondents apart costs included petitioner tender present obligation offer provide security costs event class ultimately certified brief respondents app attorney fee arrangement case create obligation present future affected certification class respondents complaint identifies fee paid subject approval per cent amount final judgment arrangement customary type contingent fee identified record briefs yet one explained respondents obligation pay recovery counsel reduced class certified members become similarly obligated pay recovery thus asserted interest spreading attorney fees expenses relates present obligation expectation respondents particularly counsel certain fees expenses may become payable event class certified expectation wholly irrelevant existence present controversy petitioner respondents reliance unidentified fees expenses reconciled repeated admonition unadorned speculation suffice invoke federal judicial power simon eastern ky welfare rights speculation particularly inappropriate case since neither respondents suggested petitioner ever liable fees expenses relied upon indeed american rule bar award attorney fees petitioner thus respondents injury exists one fairly traced petitioner see gladstone realtors village bellwood whatever may basis respondents asserted desire share fees expenses unnamed members class petitioner merely bystander ederal courts without power decide questions affect rights litigants case north carolina rice elementary principle dispose case since respondents continuing personal stake outcome action art iii precedents require case dismissed moot ashcroft mattis per curiam weinstein bradford per curiam preiser newkirk indianapolis school jacobs defunis odegaard per curiam north carolina rice supra sec medical committee human rights respondents suggest claims capable repetition yet evading review cf gerstein pugh single one alleged class members sought intervene nine years since action filed cf airlines mcdonald anyone challenged allegedly usurious charges informal complaint protest tr oral arg even certification denied action lay dormant seven months respondents sought take interlocutory appeal without provoking response anyone previously may thought class action protect rights apart persistence lawyers noncase since petitioner tendered full satisfaction respondents individual claims sure respondents counsel may interest enlarged recovery inherent contingent fee arrangement know decision holds lawyer interest larger fee paid third persons present creates personal stake outcome required art iii ii despite absence art iii controversy directs remand federal action litigated lawyers whose clients unidentified class members shown desire represented anyone appears endorse form litigation reasons policy practice said effective response existence injuries unremedied regulatory action government ante aware consideration ever influenced determining whether constitution confers jurisdiction federal courts event consequences finding mootness likely restrictive seems fear fails recognize allowing action proceed without interested plaintiff generate practical difficulties magnitude finding mootness repercussions primarily two situations first involves named plaintiff fails obtain class certification pursues case successful litigated judgment believe subsequent attempt plaintiff appeal denial certification generally barred art iii consequences applying settled rules mootness situation unjust injunctive declaratory relief granted absent members putative class obtained force stare decisis decree benefits actual class membership hand damages awarded appeal permitted reversal certification ruling enable putative class members take advantage favorable judgment issue liability without assuming risk bound unfavorable judgment thus decision allow appeals situation reinstate intervention amendments rule intended eliminate perhaps commonly mootness question arise defendant attempts force settlement judgment petitioner case defendant certainly substantial incentive use tactic cases argues result deny compensation putative class members jeopardize enforcement certain legal rights private attorney general ante practical argument without force predicating judgment concerns amounts judicial policymaking respect adequacy compensation enforcement available particular substantive claims judgment ordinarily best left congress least result consistent substantive law giving rise claim today however never pauses consider law usury since mississippi law condemns aggregation usury claims concern compensation putative class members case best misplaced worst inconsistent command rules enabling act concern putative class members telling appropriate case pattern forced settlement indeed waste judicial resources litigation successive suits members putative class doubt consequent problems judicial administration real problems addressed measures short undercutting law mootness seems done today first step authorization interlocutory appeals denial class certification appropriate circumstances district courts already empowered certify appeals involve certain controlling questions law many cases defendant undoubtedly forgo opportunity settle individual plaintiff order obtain immediate final determination class certification question appeal defendant attempt moot class action forced settlement district powerless least circumstances may require putative class members receive sort notice opportunity intervene within appeal period rule availability measures significant deterrent deliberate mooting class actions indeed district management problem measures tailored case hand may well preferable approval appeals circumstances extent interlocutory appeals unavailable managerial powers lacking congress correct deficiency since limited decision case judicially fashioned solutions legislative problems often attended unfortunate practical consequences today holding exception remand respondents serve representatives solely purpose obtaining class certification since gain nothing action participation intended benefit counsel members putative class indicated interest claims asserted case respondents serve motion indeed serve since certified class considered determination respondents fairly adequately represent members nothing rule authorizes novel procedure requirements rule easily adapted respondents members class seek represent see east texas motor freight rodriguez currently nonexistent claims typical claims class within meaning rule holding well may prevent future forced settlements litigation thus difficulties faced district remand case may arise precisely analogous circumstances today result also authorizes appeals putative class representatives litigated prevailed merits individual claims order denying class certification reversed situation named plaintiffs remand continuing relationship putative class respondents remand certification also lead intervention direct violation rule see supra tensions arising express terms rule undermine conclusion policies underlying rule dictate result reached today iii sum attempted solution problem forced settlements consumer class actions departs settled principles art iii jurisprudence unnecessarily creates significant problems administration rule may work serious injustice case vacate judgment appeals remand instructions dismiss appeal moot jurisdiction premised national bank act adopts interest limits set state law although respondents also asked attorney fees complaint shows fees granted damages ultimately awarded class app possibility prospective relief mississippi usury statute amended authorize inter alia charges issue case miss laws ch see miss code ann supp neither respondents asserted petitioner tender fails include costs fees held liable see part infra statutory right appeal ante supply personal stake outcome congress abrogate art iii limitations jurisdiction federal courts gladstone realtors village bellwood airlines mcdonald coopers lybrand livesay contrary incidental dictum cases stated denial class certification subject appellate review final judgment behest named plaintiffs neither case discussed mootness neither analyzed proposition way indeed authority cited coopers lybrand airlines see authority cited airlines concession made defendant list cases courts appeals one dealt suggestion mootness analogous situation see statements casually enunciated without word explanation opinions dealing unrelated legal questions controlling even persuasive shown reflection inconsistent settled law agrees today neither case creates exception fundamental rule ederal appellate jurisdiction limited appellant personal stake appeal ante also mentions use procedure litigation individual claims may offer substantial advantages named plaintiffs ante advantages accrue respondents litigating claims remand indeed refers respondents context point total damages small unlikely obtain legal redress acceptable cost means class action ante may assume respondents interest procedure means interesting lawyers case obtaining satisfactory settlement may interest properly furthered rule respondents obtained access full individual relief interest disappeared perhaps strongest respondents statements course interest respondents assertion right proceed behalf class includes matters prospect spreading attorney fees expenses among claimants thus reducing percentage otherwise payable brief opposition motion dismiss appeal reply brief filed roper consurve respondents demand judgment asks award ost action well attorney fees amount hereinabove alleged amount may deemed fit proper app request fees clarified paragraph vi amended complaint reads follows plaintiff alleges clerk designated custodian funds judgment paid plaintiff persons similarly situated defendants clerk deposit said funds suitable depository upon proper order disburse said funds deduction necessary expenses attorney fees plaintiff attorneys herein per cent amount paid reasonable standards including alleged utilized defendants suing certain members sic class state courts unpaid accounts see supra consequences flow rule fees recoverable putative class members may traced class defendant purposes requirement least rule support claim person accepted full settlement individual claim entitled file suit behalf unrecompensed class apparently putative plaintiff need asser ante fees incurred anticipation litigation ultimately might shared prevailing class cases discussed fully parole geraghty post powell dissenting defendant shown embarked course conduct designed insulate class certification issue appellate review order avoid classwide liability proper circumstances might find gerstein test satisfied case moot see susman lincoln american wright miller cooper federal practice procedure cum supp comment continuation representation class actions following dismissal class representative duke suggest counsel acted improperly pursuing case since prevailed appeals responsibility allowing clientless litigation falls federal courts see comment immediate appealability orders denying class certification ohio actions brought rule class member must decide time certification whether opt action rule provision designed bring end spurious class action class members permitted intervene decision merits order secure benefits decision notes advisory committee amendments rule liddell litton systems rejecting borrower class action fry layton miss petitioner national bank alleged failure comply mississippi interest limits violate national bank act understand national bank act displaces state policy disfavoring aggregation usury claims primary purpose act protect national banks discriminatory treatment undue penalties may imposed state law see act provides rules procedure promulgated shall enlarge modify substantive right see american pipe construction utah developments law class actions harv rev see generally landers legalized blackmail legalized theft consumer class actions dilemma cal rev coopers lybrand livesay held denial class certification final decision appealable right relied case dangers indiscriminate interlocutory review although coopers lybrand prevents review cases desirable congress may remedy problem appropriate legislation congress currently bill attempts remedy difficulties infecting troubled area sess bill supported department justice proposes bypass rules enabling act problem see supra eliminate problems claims small justify individual lawsuits creating new federal right action damages bill provides enforcement right instances actions brought name bill also authorizes interlocutory appeals grant denial ruling replace class certification proposed procedures noted supra respondents took appeal names one think candid disclaimer personal interest destroy foundation upon predicates art iii jurisdiction ante see supra district properly may conclude remand respondents reasons adequately represent class justice stevens concurring opinion persons alleged members putative class considered parties case controversy least limited purpose art iii remain parties final determination made action may maintained class action ante novel view apparently derives early cases referred class members bound judgment absent parties hansberry lee parties interest smith swormstedt ante cases decided certification established method class achieves judicial recognition rule members putative class bound judgment unless proper certification order entered may interested parties time make parties litigation sense recognized indianapolis school jacobs held oral certification order insufficient identify interests absent class members art iii purposes result hardly different class identified see also memphis light gas water div craft baxter palmigiano weinstein bradford pasadena city bd education spangler justice stevens indicates unnamed members uncertified class may present parties purposes others authority cited selective presence action explanation offered determine unidentified parties present presence limited satisfaction art iii requirement rule party status content apart art iii described legal fiction hand proposed rule apply outside art iii context may troublesome implications prejudice bringing class actions presumably purpose rule party status assure satisfaction claims named parties terminate litigation rights unnamed parties extinguished failure named parties appeal thus rule proposed justice stevens accomplish purpose suppose fiduciary duty must imposed upon named parties continue litigation unnamed parties remain unidentified fail intervene fiduciaries named parties required continue litigate also assume personal responsibility costs attorney fees case ultimately lost responsible litigants willing file class actions thereby assumed fiduciary obligations like questions substantial resolved rule believe merit careful study congress perhaps unwittingly creates major category clientless litigation unique system resurrection dead controversy may result irreparable injury innocent parties well petitioner bank district denied certification september assigned one reasons possible destruction petitioner bank damages alleged total million potentially augmented accrual interest app see ante possible destruction bank irrelevant jurisdictional issue serious indeed depositors stockholders community served said necessary redress injuries possibly suffered members putative class yet person come forward nearly nine years passed since action filed indeed challenged conduct authorized statute almost six years ago district may called upon determine whether equitable doctrine relation back permits toll statute limitations remand ante hardly inappropriate consider equities sides circumstances presented district may well see reason exercise equitable discretion favor putative class members slept rights many years