This article discusses the ramifications of the U.S. Supreme Court\u27s decision in Phillips Petrolem v. Shutts, 472 U.S. 797 (1985), regarding the right of an absent class member to opt out of a class action. The article addresses both the current prevailing understanding of Shutts, which is based on the personal jurisdiction strain of due process jurisprudence, and what the authors believe is a more useful understanding, based on the property rights strain of due process jurisprudence. As an addendum to the article, the authors propose a new civil procedure rule governing class actions that would implement their ideas about opt-out rights and class action governance more generally
This article examines the question of whether a class can be certified under the Federal Rules of Ci...
Class actions assume absent class members. 2 Notices in class actions tell class members that they n...
This Note argues that one who opts out of a class action should not benefit from tolling for the tim...
This article discusses the ramifications of the U.S. Supreme Court\u27s decision in Phillips Petrole...
In this Article, Professor Monaghan addresses an issue of pressing concern in class action litigatio...
Class action litigation seeks to mediate pressing conflicts between individual autonomy and collecti...
In recent years, class members have been afforded delayed, or back-end, opportunities to opt out o...
It has not been easy to reconcile contemporary class-action practice with traditional adversary proc...
From the perspective of the present day, Rule 23 of the Federal Rules of Civil Procedure contains a ...
This Article addresses the ability of members who have opted out of a class action to assert offensi...
Since the Supreme Court\u27s decision in Bristol-Myers Squibb Co. v. Superior Court of California, S...
In the first portion of this Essay, I reviewed Professor Martin Redish’s theory that the application...
From breast implants to cigarettes, mass tort class actions are a prominent and controversial part o...
In 2002, the U.S. Supreme Court ruled in Devlin v. Scardelletti that objecting class members could a...
This article examines the question of whether a class can be certified under the Federal Rules of Ci...
Class actions assume absent class members. 2 Notices in class actions tell class members that they n...
This Note argues that one who opts out of a class action should not benefit from tolling for the tim...
This article discusses the ramifications of the U.S. Supreme Court\u27s decision in Phillips Petrole...
In this Article, Professor Monaghan addresses an issue of pressing concern in class action litigatio...
Class action litigation seeks to mediate pressing conflicts between individual autonomy and collecti...
In recent years, class members have been afforded delayed, or back-end, opportunities to opt out o...
It has not been easy to reconcile contemporary class-action practice with traditional adversary proc...
From the perspective of the present day, Rule 23 of the Federal Rules of Civil Procedure contains a ...
This Article addresses the ability of members who have opted out of a class action to assert offensi...
Since the Supreme Court\u27s decision in Bristol-Myers Squibb Co. v. Superior Court of California, S...
In the first portion of this Essay, I reviewed Professor Martin Redish’s theory that the application...
From breast implants to cigarettes, mass tort class actions are a prominent and controversial part o...
In 2002, the U.S. Supreme Court ruled in Devlin v. Scardelletti that objecting class members could a...
This article examines the question of whether a class can be certified under the Federal Rules of Ci...
Class actions assume absent class members. 2 Notices in class actions tell class members that they n...
This Note argues that one who opts out of a class action should not benefit from tolling for the tim...
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