Louisiana District Court Orders Opt-Out Notice Sent to Class in Hurricane Katrina Oil Spill Suit

Plaintiffs opposed sending the notice because an appeal challenging the class certification was still pending.  Turner v. Murphy Oil USA, Inc., 2006 U.S. Dist. LEXIS 4472 (E.D. La. Feb. 6, 2006).  Judge Eldon E. Fallon of the Eastern District of Louisiana acknowledged that a change to the class definition could require plaintiffs to send further notices in the future.  He nonetheless required the sending of notice, observing that most class members who might opt-out at this early stage in the litigation might do so to join the defendant's settlement program; and therefore, they should know the consequences of this decision. - A.L.

10th Cir. Affirms Adequacy Of Notice Procedures Under 23(C)(2)(B)

In Dejiulius v. New England Health Care Emps. Pension Fund , the U.S. Court of Appeals for the 10th Circuit okayed a class notice program even though some members did not receive notice.  As all settlement notices were sent nearly two weeks prior to the settlement hearing, the Court found that the program comported with both Rule 23 and the Due Process Clause, stating that the mailings as a whole "were sufficient to flush out any objections that might arise [as] to the fairness of the settlement."