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· 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).

Read full opinion on CourtListener

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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.