Articles
FALL 2011
Alicia Gehring & Maureen Gorman
As the Internet is increasingly used for communication, entertainment, news and informa...
Class Action Perspectives
In this article, notice expert Dr. Shannon R. Wheatman and legal writing expert Dr. Terri R. LeClercq, who worked with the FJC for a number of years to develop the model notices, explain the continuing problems with poorly worded and poorly designed notices.3 Wheatman and LeClercq report findings from a study of 511 class action notices that were published after the plain language amendment took effect. The research uncovers many shortcomings and the authors offer advice on improving the design and content of class action notice.
Articles
This chapter, taken from The International Handbook on Private Enforcement of Competition, was written by Kinsella Media's Katherine Kinsella and Shannon Wheatman. It provides an overview of the notification requirements under Rule 23 and offers insights into how courts and practitioners should evaluate a notice program to ensure that it adequately reaches class members with information that is easily digested and acted upon. The authors explain how a notice program is designed and executed. The chapter concludes with a discussion about administering a class action.
Class Action Perspectives
Reports on emerging technologies, the popularity of mobile devices, and the demise of traditional media dominate media news. Traditional advertising v...
Class Action Perspectives
Recent years have witnessed dramatic increases in class action lawsuits filed, with over 45% more filings in 2008 than 2004; correspondingly, they hav...
Class Action Perspectives
Over the past decade, online claims filing has advanced from its beginnings as a technical innovation to its current position as another tool in a cla...
Class Action Perspectives
Among the most common questions asked of a settlement administrator during pre-settlement consultation is “How many claims should we expect?” As couns...
Class Action Perspectives
Class Member Email Notice
In less than two decades, the Internet has gone from an interesting curiosity used by relatively few people to an important...
Class Action Perspectives
A Failure to Communicate
The administration of a class action settlement, including distribution of settlement benefits, raises a host of potential p...
Class Action Perspectives
Counsel negotiating class action settlement terms are often focused primarily on class relief, class definition and release terms. As a result, counse...
Class Action Perspectives
The Class Action Fairness Act of 2005 (“CAFA”)1 contains a so-called “Consumers Bill of Rights” that includes extensive new requirements mandating tha...
Class Action Perspectives
In nearly every major class action today, third parties emerge after a settlement is signed and announced – claim filing services. Claim filing servic...