What is the current state of the law on due process for a class A class B class A plaintiff to notify of a settlement?

MultiRegion, United States of America

The following excerpt is from Acosta v. Evergreen Moneysource Mortg. Co., No. 2:17-cv-00466-KJM-DB (E.D. Cal. 2019):

Id. at 1128-29 (some alterations in original) (emphasis in original) (citations omitted). See also Rannis, 380 F. App'x at 650 (finding conventional mail and skip-trace searches were sufficient effort to notify seven class members who ultimately remained unreached); Lane v. Facebook, Inc., 696 F.3d 811, 834 (9th Cir. 2012) ("If a person owns a claim, it is property, and the owner of the claim is constitutionally entitled not to have it taken from him except with reasonable notice and an opportunity to be heard."). As long as all reasonable efforts are made under Rule 23 to notify every potential class member, the fact that plaintiff cannot demonstrate all members received actual notice does not effect a violation of those members' due process rights once the settlement is approved. Briseno, 844 F.3d at 1129 ("[T]he Due Process Clause does not require actual, individual notice in all cases.").

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