Chapter § 5.15 Notice Requirements

• Jurisdiction: United States
• Publication year: 2020

§ 5.15 Notice Requirements

Rule 23(e)(1)(B) mandates that the court “direct notice in a reasonable manner to all class members who would be bound” by a settlement.³¹⁸ Rule 23(c)(2)(B) provides that, when a court orders notice under Rule 23(e)(1)(B), it “must direct to class members the best notice that is practicable under the circumstances, including individual notice to all members who can be identified through reasonable effort.”³¹⁹ The parities may provide notice by “United States mail, electronic means, or other appropriate means.”³²⁰ The notice must “clearly and concisely” state in layman’s terms (1) the nature of the action, (2) the definition of the class certified, (3) the class claims, issues or defenses, (4) that a class member may enter an appearance through an attorney, (5) that the court will exclude from the class any member who requests exclusion (6) the time and manner for requesting exclusion; and (7) the binding effect of a class judgment on members.³²¹ These notice requirements are designed to satisfy due process by apprising unnamed class members of “the pendency of the action and afford them an opportunity to present their objections.”³²² Before approving a class settlement, a court must examine whether adequate notice was issued to class members.³²³

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Notes:

^[318] Fed. R. Civ. P. 23(e)(1)(B).

^[319] Fed. R. Civ. P. 23(c)(2)(B).

^[320] Id.

^[321] Id.

^[322] Eisen, 417 U.S. at 156, 174 (internal quotation marks omitted).

^[323] Parks v. Portnoff Law Assocs., 243 F. Supp. 2d 244, 249 (E.D. Pa. 2003).