Tuesday, September 02, 2008, 1:25 PM

COA Holds That No Class Notice Required For Involuntary Dismissal Of Class Action

In Kitchin v. Halifax County today, Plaintiffs argued the trial court erred by dismissing their class action lawsuit because notice was not given to members of the class before dismissal. They invoked Rule 23(c), arguing that its notice requirement applies not only to voluntary dismissals, but also to dismissals granted by the trial court. The COA disagreed, relying on a 70-year-old Fourth Circuit case, holding that Rule 23(c) requires notice only if the class action is voluntarily dismissed.

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