Do You Really Want Me to Know My Rights? The Ethics Behind Due Process in Class Action Notice Is More Than Just Plain Language: A Desire to Actually Inform

From: The Georgetown Journal of Legal Ethics | Date: October 1, 2005| Author: | Copyright information

I. INTRODUCTION

The new "plain language" notice revision to Federal Rule of Civil Procedure Rule 23(c)(2) is in place, but it does not solve all notice issues. An effective notice must also: 1) get to the class; 2) be noticed; and only then can it 3) be read and understood, if written in clear simple language. Subsequently, through the notice and mechanisms for administering responses, rights must be easy to act upon. Truly desiring to achieve these objectives is at the core of the ethics behind giving class action notice. The authors collaborated on writing and designing the Federal Judicial ...

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