Title

E-Notice

Document Type

Article

Publication Date

11-1-2018

Abstract

Social media platforms and smartphone manufacturers face class action lawsuits, but how open are federal courts to using these very technologies to notify members of a class action? This Article details the results from an empirical analysis of over 2700 federal class notice decisions. It finds class notice changing, but very slowly. Supreme Court precedent demands a dynamic standard for class action notice. However, fears of change, technology, and imprecision keep courts tethered to twentieth-century modes of communication. This judicial fear encumbers E-Notice—at a cost to the utility of class action procedures.

Publication Title

Duke Law Journal

First Page

217

Last Page

274

Required Text

Copyright © 2018 Christine P. Bartholomew.

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