Can Due Process Be Satisfied By Discretionary Notice in Federal Class Actions
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Authors
Smith, Walter J.
Issue Date
1971
Volume
4
Issue
Type
Journal Article
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Abstract
INTRODUCTION|The Fifth Amendment to the United States Constitution guarantees to all persons that they shall be accorded "due process" of law in the court systems of the national government. In order to aid the proceedings within the federal courts, the Supreme Court of the United States has promulgated certain rules of procedure which govern the forms of litigation in these forums. 28 U.S.C. 2072 which enables this rule making function has guaranteed that the Federal Rules will not infringe upon the substantive rights of the parties. |In 1966, the federal rule which governs the bringing of class suits in the federal courts was revised to provide that members of all classes, except one, will be notified of the institution of such suits only if the discretion of the trial judge deems such notice "appropriate." This article will explore the question of whether the fundamentals of "due process" can be satisfied when absent class members have not been notified of a pending suit which is binding upon them, or whether the new rule's provision of discretionary notice actually infringes upon this most basic right of all litigants...
Description
Citation
4 Creighton L. Rev. 268 (1970-1971)
Publisher
Creighton University School of Law