Preclusion and Procedural Due Process in Rule 23(b)(2) Class Actions

Authors

Mark C. Weber, DePaul University College of Law

Abstract

This Article examines whether Rule 23(b)(2) violates the procedural due process rights of absent class members by binding them to the judgment in a class case without notice of the suit. It concludes that the Rule almost certainly violates due process and proposes a reform that would permit nonbinding class actions similar to the old "spurious" class suits.

Recommended Citation

Mark C. Weber, Preclusion and Procedural Due Process in Rule 23(b)(2) Class Actions, 21 U. Mich. J. L. Reform 347 (1988).
Available at: https://repository.law.umich.edu/mjlr/vol21/iss3/2