Wednesday, August 08, 2007

McElmurry v. U.S. Bank Nat'l Ass'n (9th Cir. - Aug. 8, 2007)

Collective actions. Opting-in. Pre-certification notice to a class. Collateral order doctrine.

Judge Bybee writes a civil procedure professor's dream.

Short take: When the district court doesn't feel like letting you write to the class members asking whether they want to opt in, there's pretty much nothing you can do about it.