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Class action suits are unique in that they necessarily determine the rights and duties of absent parties. While this mechanism generally allows for more uniform and efficient adjudications than would otherwise be possible, the fact that unnamed class members must rely on class representatives to protect their interests necessitates a host of procedural safeguards for the parties as well as a heightened role for the court.1 The rights of unnamed class members are particularly at risk when a class action is settled prior to an entry of a judgment on the merits. Because unnamed parties' rights are easily compromised in such situations, Federal Rule of Civil Procedure 23(e)2 does not permit the named representatives to settle a class action without court approval and notice to all class members.' The court must also provide a reasonable opportunity for dissatisfied class members to present their objections to the court." Courts dispute, however, whether unnamed parties have standing to appeal an order approving a class action settlement. 5

The Appealability of Class Action Settlements by Unnamed Parties