What is the test for procedural due process in civil litigation?
The following excerpt is from Elliott v. Gen. Motors LLC (In re Motors Liquidation Co.), Docket No. 15-2844-bk(L), Docket No. 15-2847-bk(XAP), Docket No. 15-2848-bk(XAP) (2nd Cir. 2016):
procedural due process, without exploring prejudice. See In re Savage Indus., 43 F.3d 714, 721-22 (1st Cir. 1994); cf. Nolasco v. Holder, 637 F.3d 159, 164 (2d Cir. 2011) ("There may well be instances in which . . . failure to comply with [a procedural rule] results in a lack of notice or the denial of a meaningful opportunity to be heard such that . . . due process rights are violated.").
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