· 5/25/1977
In Re Nissan Motor Corporation Antitrust Litigation
Citations
- 552 F.2d 1088
- 23 Fed. R. Serv. 2d 521
- 1977 U.S. App. LEXIS 13244
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- reasoning that without this information, \an absentee class member lacks an essential fact or in the decisionmaking equation\
- finding that “[n]o peculiar circumstances exist which would warrant a departure from [the] general rule” that “class representatives must be prepared to accept the concomitant responsibility of identifying absentee class members as well as paying the costs of their individual notice”
- weighing a search’s potential advantage in determining the class’s scope against the burden to the producing parties
- “[i]f the initial class notice does not include information on the proposed settlement, however, an absentee class member lacks an essential factor in the decisionmaking equation”
- “Rule 23(d) vests the district court, as manager of the class action, with the appropriate authority to enter whatever orders are necessary to the conduct of the action[.]”
- to comport with due process, “it is not only necessary that the notice reach the parties affected but that it convey the required information”
Source: CourtListener parenthetical corpus (CC0).
Sourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.