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1 Judges' Class Action Notice and Claims Process Checklist and Plain Language Guide 1 (2010)

handle is hein.congcourts/jaccnc0001 and id is 1 raw text is: Judges' Class Action Notice and Claims Process Checklist and Plain Language Guide J Will notice effectively reach the class? The percentage of the class that will be exposed to a notice based on a proposed notice plan can always be calculated by experts. A high percentage (e.g., between 70-95%) can often reasonably be reached by a notice campaign. J Will the notices come to the attention of the class? Notices should be designed using page-layout techniques (e.g., headlines) to command class members' attention when the notices arrive in the mail or appear on the Internet or in printed media. J Are the notices informative and easy to understand? Notices should carry all of the information required by Rule 23 and should be written in clear, concise, easily understood language. J Are all of the rights and options easy to act upon? There should be no unnecessary hurdles that make it difficult for class members to exercise their rights to opt out, object, submit a claim, or make an appearance. J Can any manageability problems from notice issues be overcome? Consider potential problems in reaching and communicating with class members-e.g., language barriers, class size, geographic scope-and whether a notice plan will be able to overcome such problems. J Can a high percentage of the proposed class be reached (i.e., exposed to a notice)? Consider the breakdown of known and unknown class members, the age of any mailing lists, and the parties' willingness to spend necessary funds to fully reach the class. J Is it economically viable to adequately notify the class? If the cost to reach and inform a high percentage of the class is not justified by a proposed settlement, an opt-out class may not be appropriate. Inability to support proper notice may also be evidence that the settlement is weak. J Will unknown class members understand that they are included? If a well-written notice will leave class members in doubt as to whether they are included, consider whether the class definition, or the class certification, is appropriate. Upn eific o/rlmnr Ketemn 1l95 oroval U J Do you have a best practicable notice plan from a qualified professional? A proper notice plan should spell out how notice will be accomplished, and why the proposed methods were selected. If individual notice will not be used to reach everyone, be careful to obtain a first-hand detailed report explaining why not. See Notice Plan section below. F e d e ra l J u d ic ia l C e n te r P a g e 1---------------------------------------------------------------------------------------------------------------------------------------------------- Federal judicial Center Page 1

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