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Illustrative Forms of Class Action Notices: Notes for Use by Attorneys and Judges
We designed the illustrative forms of notice posted here to demonstrate ways that drafters can use clear, simple, "plain language" and design in class action notices. In an actual case, attorneys and judges can adapt the illustrative notice to the unique factual, legal, and procedural circumstances of their case.
For each type of illustrative notice posted here, we drafted a detailed "full" notice that an attorney might mail to known class members, post to a Web site, or otherwise provide to class members. We also drafted a publication notice and language that might be used on the outside of a mailing envelope. The products liability notice, based on a hypothetical asbestos personal injury settlement, has two target audiences: homeowners and construction workers. Therefore, we prepared two separate publication notices, both of which are included under the link to "Products Liability class action: Publication Notice."
Effective notice to a class may require translation of the English-language notice into languages used by a substantial portion of the class members. To call attention to this need and to illustrate its form in two types of notices, we translated into Spanish the securities class action publication notice and the products liability class action full notice.
Managing Class Action Litigation: A Pocket Guide for Judges, Third Edition
2010 (PDF, 55 pp.)
This pocket guide is designed to help federal judges manage the increased number of class action cases filed in or removed to federal courts as a result of the Class Action Fairness Act of 2005 (CAFA). It includes a section on determining federal jurisdiction that incorporates case-management practices and judicial interpretations of CAFA. It also includes suggestions for judicial review and administration of class settlements, especially regarding the disclosure of claims rates and actual payments to class members. This third edition includes an expanded treatment of the notice and claims processes. Revisions are concentrated in parts III and IV.
California Guidelines for Motions for Preliminary and Final Approval of Class Settlement (with comments referencing authorities) Draft, May 3, 2010 (PDF, 6 pp.)