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Last week, the Rule 23 Subcommittee to the Advisory Committee on Rules of Civil Procedure issued its latest report outlining potential revisions to Rule 23, Federal Rules of Civil Procedure.  Click the following link to view the Rule 23 Subcommittee Report.  Generally, the topics addressed in the Subcommittee’s Report are as follows:

  1. Settlement Approval Criteria
  2. Settlement Class Certification
  3. Cy Pres Treatment
  4. Dealing with Objectors
  5. Rule 68 Offers and Mootness
  6. Issue Classes
  7. Notice

If you’d like an opportunity to give feedback to Subommittee in person, make sure to sign up for the upcoming Second Annual Western Regional CLE Program on Class Actions and Mass Torts, scheduled for June 19 in San Francisco, where several Subcommittee members will be on hand to discuss the report and receive comments in a town hall-style discussion.

Also, I will be among several contributors to an upcoming commentary on the report to be published by the ABA’s CADS Committee.  My submission will address the Subcommittee’s suggestions on Issue Classes.   Stay tuned for more information about that publication.

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Renowned notice expert and friend of ClassActionBlawg.com, Shannon Wheatman of Kinsella Media, recently published an article with some insightful tips on ensuring successful notice in class action settlements.  In the article, titled Cutting Through the Clutter: Eight Tips for Capturing Class Members’ Attention and Increasing Response, Dr. Wheatman shares eight specific ideas for ensuring meaningful notice in an age of ever-increasing media fragmentation.  For more information and to download a copy, click the title of the article above.

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For those of you who practice in the Colorado state courts, the CBA weekly newsletter had a snippet today about what constitutes official service through the e-filing system that you’ll want to pay attention to.  I suspect that similar rules applies in other states that have adopted an official e-filing system.  I have never had an issue with not receiving the “convenience” email notice, but this serves as a reminder to check your e-filing inbox periodically to make sure you don’t miss an important filing.

*** E-Filing: What qualifies as Official Service
Some confusion exists about Official E-Service through File & Serve – e-filing in the Colorado state court system. Many File & Serve subscribers rely on e-mail notifications to know that a document has been e-served upon them. Be aware: the e-mail notification feature does not constitute service and is provided by LexisNexis File & Serve solely as a convenience. It is the responsibility of the subscriber to regularly and proactively check the Online Inbox for E-Filed and E-Served documents. Read more details, including some tips, about The Area of Official Service on the CBA’s website.

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