Articles & Publications

Published Article

Traditional and New Media in Class Action Notice - The State of Play

As the Internet is increasingly used for communication, entertainment, news and information gathering, class action attorneys frequently ask how the evolving media landscape is affecting our approach to notice: “Surely, the Internet is all you need nowadays?” Well, not quite. While consumers are integrating new media options into their life, they haven’t abandoned traditional media sources and habits. In fact, as recent news events have demonstrated, consumers get their information from...

Class Action Perspectives

Majority of Class Action Publication Notices Fail to Satisfy Rule 23 Requirements

In this article, notice expert Dr. Shannon R. Wheatman and legal writing expert Dr. Terri R. LeClercq, who worked with the FJC for a number of years to develop the model notices, explain the continuing problems with poorly worded and poorly designed notices.3 Wheatman and LeClercq report findings from a study of 511 class action notices that were published after the plain language amendment took effect. The research uncovers many shortcomings and the authors offer advice on improving the design and content of class action notice.

Published Article

Class Notice and Claims Administration

This chapter, taken from The International Handbook on Private Enforcement of Competition, was written by Kinsella Media's Katherine Kinsella and Shannon Wheatman. It provides an overview of the notification requirements under Rule 23 and offers insights into how courts and practitioners should evaluate a notice program to ensure that it adequately reaches class members with information that is easily digested and acted upon. The authors explain how a notice program is designed and executed. The chapter concludes with a discussion about administering a class action.

Published Article

REALITY CHECK: The State of New Media Options for Class Action Notice

The rise of new media vehicles raises the question: Will they replace traditional sources for class action notice? This BNA Insight by media experts Katherine Kinsella and Maureen Gorman examines the new media options, and their uses and limitations. The authors conclude that while ‘‘new media can be expected to evolve in importance over time as new channels are introduced for exposing class members to notice and providing new avenues through which to respond and access information,’’ traditional media ‘‘still provides the greatest reach of class members.’’

Published Article

Plain Language Primer for Class Action Notice

Kinsella Media, LLC produced this Plain Language Primer to provide judges and attorneys with guidelines for writing and formatting class action notices subject to Rule 23 of the Federal Rules of Civil Procedure.

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Contact us before the settlement is complete to discuss a media notice plan that reaches class members using plain language, meets CAFA requirements and meets quantifiable measures of adequacy.

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