Cite as: 516 U. S. 367 (1996)
Opinion of Ginsburg, J.
plaintiffs "fairly and adequately protect the interests of the class." Del. Ch. Rule 23(a)(4). In Prezant, the Delaware Supreme Court considered whether adequate class representation was "a sine qua non for approval of a class action settlement," and concluded that it was. 636 A. 2d, at 920, 926. The state high court overturned a judgment and remanded a settlement because the Court of Chancery had failed to make an explicit finding of adequate representation. Id., at 926.
The Delaware Supreme Court underscored that due process demands more than notice and an opportunity to opt out; adequate representation, too, that court emphasized, is an essential ingredient. Id., at 924 (citing Phillips Petroleum Co. v. Shutts, 472 U. S., at 812). Notice, the Delaware Supreme Court reasoned, cannot substitute for the thorough examination and informed negotiation an adequate representative would pursue. Prezant, 636 A. 2d, at 924. The court also recognized that opt-out rights "are infrequently utilized and usually economically impracticable." Ibid.
The Vice Chancellor's evaluation of the merits of the settlement could not bridge the gap, the Delaware Supreme Court said, because an inadequate representative "taint[s]" the entire settlement process. Id., at 925.6 "[A]n adequate representative," the Delaware Supreme Court explained, "vigorously prosecuting an action without conflict and bargaining at arms-length, may present different facts and a
6 In both Prezant and the instant case, a temporary settlement class device was used, telescoping the inquiry of adequate representation into the examination of the fairness of the settlement. According to the Delaware Supreme Court, however, this near simultaneity does not relieve the representative of her duty to demonstrate, nor the court of its duty to determine, the adequacy of representation. Prezant, 636 A. 2d, at 923. In a comprehensive opinion, the Third Circuit reached the same conclusion after examining the temporary class settlement device in the context of Federal Rule of Civil Procedure 23. See In re General Motors Corp. Pick-up Truck Fuel Tank Products Liability Litigation, 55 F. 3d 768, 794-800 (1995).
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