Category Archives Notice

There are many ways to give notice to class members, but the notice must be "the best notice that is practicable under the circumstances."  Fed. R. Civ. P. 23(c)(2)(B).  If you can identify class members through reasonable effort, you must give them individual notice.  If you can't, then publication notice may be an option. No matter the method of notice chosen, to pass muster under the Due Process Clause, the method must be  "reasonably certain" to inform the class members.  Mullane v. Cent. Hanover Back & Trust Co., 339 Us.S. 306, 315 (1950). Which is why Judge Vratil rejected Plaintiffs' class-notice plan, which would have used an exclusively web-based notice (Internet banner ads, to be precise) to give notice to class members in states where at least 75 percent of the target population has Internet access according the 2012 U.S. Census.  In re Motor Fuel Temperature Sales Practices Litigation (MDL…