Edited by Albert A. Foer and Randy M. Stutz
Katherine Kinsella and Shannon Wheatman1 § 13.01 § 13.02 § 13.03 § 13.04 Introduction Overview Individual notice Paid media notice 13.04.1 Identifying a target demographic and selecting media 13.04.2 Measuring media-based notice 13.04.3 Determining the adequacy of notice 13.04.4 Content and design of notice § 13.05 Class Action Fairness Act § 13.06 Administering a class action 13.06.1 Data concerns 13.06.2 Communicating with class members 13.06.3 Claims processing § 13.07 Conclusion § 13.01 Introduction Much has been written and discussed about the negative aspects of class action litigation, both in antitrust and in other areas of law.2 To be sure, the class action device is far from perfect. Of the many concerns raised by critics, perhaps the most serious involves the threat posed to fundamental due process rights. The opportunity to be heard is a pillar of our due process guarantees, but in class action litigation, rank-and-file class members do not control the litigation; they leave their legal fate in the hands of lead plaintiffs. At least in theory, therefore, class actions may present a problem. In practice, however, since modern class action litigation emerged over 70 years ago, federal and state laws have evolved safeguards to protect the due process rights of class members. They do this most prominently by requiring lead plaintiffs and their lawyers to notify potential members of the class that litigation concerning their rights is proceeding, and that individual members are free to opt out. This chapter discusses the contours of those notice rules. 1 Katherine Kinsella is the President and Shannon Wheatman, Ph.D....
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