Kinsella, Katherine; Wheatman, Shannon --- "Class Notice and Claims Administration" [2010] ELECD 754; in Foer, A. Albert; Cuneo, W. Jonathan (eds), "The International Handbook on Private Enforcement of Competition Law" (Edward Elgar Publishing, 2010)

Book Title: The International Handbook on Private Enforcement of Competition Law

Editor(s): Foer, A. Albert; Cuneo, W. Jonathan

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781848448773

Section: Chapter 14

Section Title: Class Notice and Claims Administration

Author(s): Kinsella, Katherine; Wheatman, Shannon

Number of pages: 11

Extract:

14 Class notice and claims administration
Katherine Kinsella and Shannon Wheatman1


Much has been written and discussed about the negative aspects of the American class
action model.2 Indeed, the US class action device is far from perfect, and other coun-
tries are taking steps to avoid the abusive aspects of class actions in their construction of
statutes to govern collective actions. There is, however, an important aspect of the US
model that is clearly worth consideration. Over the past 70-plus years, federal and most
state laws have evolved safeguards to protect the due process rights of class members.
Due process rights are fundamentally at issue in US class actions when notice is required
to inform class members about class certification and/or settlement and when a judgment
has awarded class-wide relief.
The emergence of a global economy now requires US courts to face the dilemma of
securing the due process rights of class members around the world.3 In US class action
law, which has been carefully crafted to protect the rights of class members, notification
plays a prominent role. Although additional international concerns with class actions
may remain, the notice provisions required by Rule 23 of the Federal Rules of Civil
Procedure4 could provide a model for the development of notice standards in other
countries.
In 1938, Rule 23 was included in the new Federal Rules of Civil Procedure. The role of
notice in class actions was expanded in 1966 when Rule 23 was modified to ...