Title: Information Famine, Due Process, and the Revised Class Action Rule: When Should Courts Provide a Second Opportunity to Opt Out?
Abstract: In appropriate circumstances, judges overseeing class litigation should exercise their discretion to provide class members a second chance to opt out at the time when settlement terms are known. Such an opportunity comports with the plaintiff's traditional due process right to exert control over her claim and simultaneously recognizes the need to efficiently resolve large numbers of similar claims. Judges should provide a second opt-out opportunity when two factors are present: (1) when class members did not have sufficient information to make an informed choice by the opt-out deadline and (2) when a significant number of the claims would be economically viable in individual litigation. When both of these factors are present, a class member's interest in controlling her claim will normally outweigh the efficiency gains that might be achieved by denying class members a second opportunity to opt out.
Publication Year: 2004
Publication Date: 2004-06-20
Language: en
Type: article
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