Civil Procedure - Class Actions - Allocation of Identification Costs
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Authors
Bruckner, Rosemary A.
Issue Date
1979
Volume
12
Issue
Type
Journal Article
Language
Keywords
Alternative Title
Abstract
FIRST PARAGRAPH(S)|Rule 23(c) (2) of the Federal Rules of Civil Procedure pertaining to class actions requires that the class members receive "the best notice practicable under the circumstances, including individual notice to all members who can be identified through reason- able effort." The rule is silent as to which party must pay the costs of informing class members of the pending suit. Where individual notice is required these costs are separable into two distinct elements: (1) the cost of identification of class members, that is, the cost of searching records for the names and addresses of class members, and (2) the cost of sending notice. While the costs of notification were placed upon the representative plaintiff by the United States Supreme Court in Eisen v. Carlisle & Jacquelin...
Description
Citation
12 Creighton L. Rev. 859 (1978-1979)
Publisher
Creighton University School of Law