Section 25 Eisen v. Carlisle & Jacquelin

• Library: Consumer Law and Practice 2010

Before instituting a class action, Eisen v. Carlisle & Jacquelin, 417 U.S. 156 (1974), should be reviewed. The Court in Eisen held that, under Rule 23(c)(2) of the Federal Rules of Civil Procedure, regardless of class size, the plaintiff could not substitute mere publication for individual notice to all class members who could be identified through reasonable effort. Eisen, 417 U.S. at 173. Under Rule 52.08(c)(2) (which is similar to Rule 23(c)(2) of the Federal Rules of Civil Procedure), the notice must state that the class member will be bound by the judgment, whether or not favorable, if the class member does not opt out of the class by a certain date and that any class member has a right to appear through the class member's own counsel. It should be noted that Eisen did not deal with the...