Allocation of Initial Notice Costs Under Federal Rule 23(c)(2)

Authors

Stefan H. Krieger, Maurice A. Deane School of Law at Hofstra UniversityFollow

Document Type

Article

Publication Title

University of Illinois Law Forum

Publication Date

1973

Abstract

Since public policy considerations underlie class actions, any examination of them must not mechanically assume that they benefit plaintiffs alone. Focusing on one issue that illustrates the diversity of interests present in class actions, this comment will examine the issue of allocation of initial notice costs in class actions under federal rule 23(c) (2). First, the policy considerations underlying class actions will be outlined. Then the general judicial attitude toward the notice requirement of rule 23 will be examined. This comment will then analyze the four basic approaches to allocation of notice costs in view of these policy considerations and judicial attitudes. Finally, an alternative to these approaches will be discussed.

Recommended Citation

Stefan H. Krieger, Allocation of Initial Notice Costs Under Federal Rule 23(c)(2), 1973 U. Ill. L.F. 723 (1973)
Available at: https://scholarlycommons.law.hofstra.edu/faculty_scholarship/573