Document Type
Article
Publication Date
11-1-2018
Rights
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.
Recommended Citation
Christine P. Bartholomew,
E-Notice,
68
Duke L.J.
217
(2018).
Available at:
https://digitalcommons.law.buffalo.edu/journal_articles/928