ABSTRACT
Although this chapter focuses on class actions filed under the federal class action rule, it bears mention here that most states also have procedural court rules that govern class actions in state courts. However, the focus on the federal rule is justified here for two reasons. First, federal constitutional requirements that govern class action procedures-including notice plans-apply equally to class actions filed in both federal and state courts. Second, many state class action rules are patterned after the federal rule (Florida Rule of Civil Procedure 1220, 2004). Thus, the constitutional and procedural requirements of the federal rule, along with the various federal court opinions that interpret these requirements, are instructive in class actions governed by federal and state procedural rules. Specifically, the requirements of constitutional due process are important to the conduct of all class actions whether conducted under state or federal courts rules.
