· 10/4/2023
Matter of Gomezpacheco v. Dedios-Santiago
Citations
- 197 N.Y.S.3d 309
- 220 A.D.3d 692
- 2023 NY Slip Op 04990
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that “the Due Process Clause of course requires that the named plaintiff at all times adequately represent the interests of the absent class members”
- holding that an opt-out right is constitutionally mandated only where the class is certified under Rule 23(b)(3)
- recognizing that absent class members must be afforded adequate due process to be bound by a class action judgment
- holding that notice, opportunity to be heard, a right to opt out, and adequate representation are necessary to bind absent class members to the judgment of the rendering class action court
- holding that notice, opportunity to be heard, a right to opt out, and adequate representation are necessary to bind absent class members to the judgment of the rendering class action court
- holding that “the Due Process Clause of course requires that the named plaintiff at all times adequately represent the interests of the absent class members”
Source: CourtListener parenthetical corpus (CC0).
Sourced from CourtListener / Free Law Project (CC0).
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