In what circumstances will a class member be able to opt-out of a class action?
MultiRegion, United States of America
The following excerpt is from Haitian Centers Council, Inc. v. McNary, 969 F.2d 1326 (2nd Cir. 1992):
We are aware that Rules 23(b)(2) and 23(d)(2) do not require notice to allow a class member an opportunity to opt-out of a class action suit. See Penson v. Terminal Transport Co., Inc., 634 F.2d 989, 993-94 (5th Cir. Unit B 1981). Nonetheless, in this case we note that
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