fairness-hearing-notice

# Class Action Fairness Hearing Notice

Drafts a FRCP 23(e)-compliant notice informing class members of a proposed settlement, their rights, and the fairness hearing.

## Prerequisites

Gather before drafting:

1. **Settlement agreement** — class definition, fund amount, distribution formula, release scope, fee provisions, cy pres/reversion
2. **Preliminary approval order** — verbatim language, deadlines, formatting mandates
3. **Class certification order** — class definition, named representatives
4. **Complaint/key filings** — claims summary, procedural history
5. **Court logistics** — hearing date/time, courtroom, virtual access, judge, caption format

## Extraction Checklist

Extract from source documents before drafting. Flag missing items to the user.

| Item | Source |
|---|---|
| Case number, caption, court, judge | Prelim. approval order |
| Exact class definition | Settlement + certification order |
| Settlement fund / benefit value | Settlement agreement |
| Payment calculation method | Settlement agreement |
| Claims process (claims-made vs. automatic) | Settlement agreement |
| Claim form requirements + deadline | Settlement / exhibits |
| Opt-out deadline + procedure | Prelim. approval order |
| Objection deadline + procedure | Prelim. approval order |
| Hearing date, time, location | Prelim. approval order |
| Attorney fee amount/percentage | Settlement agreement |
| Incentive awards for reps | Settlement agreement |
| Non-monetary relief | Settlement agreement |
| Release scope | Settlement agreement |
| Cy pres / reversion terms | Settlement agreement |
| Admin costs allocation | Settlement agreement |
| Verbatim court-required language | Prelim. approval order |
| Translation/format requirements | Prelim. approval order |
| Settlement website URL | Claims admin info |

## Notice Structure

### 1. Caption & Header

- Full court caption per jurisdictional format
- Title: "Notice of Proposed Class Action Settlement and Fairness Hearing" (or court-specified)
- Attention line: **"LEGAL NOTICE: Your Rights May Be Affected by a Proposed Class Action Settlement"**
- Opening: plain-language explanation of settlement, preliminary approval, class membership; include "This is not a lawsuit against you."

### 2. Case Background

- Allegations in plain language
- Defendant's position (deny liability)
- Procedural history: filing → certification → settlement
- Frame as compromise avoiding litigation risk

### 3. Settlement Terms

| Component | Include |
|---|---|
| Total value | Amount or benefit description |
| Individual payments | Formula, range, examples |
| Claims process | Type, required docs, deadline |
| Non-monetary relief | Injunctive terms, practice changes |
| Attorney fees | Amount/%; subject to court approval |
| Incentive awards | Amounts for named plaintiffs |
| Admin costs | Who pays; from fund or separate |
| Unclaimed funds | Reversion / cy pres |

### 4. Class Definition

- Verbatim definition from settlement agreement
- Plain-language breakdown of each element
- Address common membership questions

### 5. Fairness Hearing

- Exact date/time, full address, courtroom, virtual access if applicable
- Purpose: court determines fairness; rules on fees and incentive awards
- Note date may change; provide methods to check schedule

### 6. Class Member Options

Present three options:

**Option 1 — Submit Claim / Do Nothing (Stay in Settlement)**
- How to receive benefits; claim form + deadline
- Consequence: bound by settlement and release

**Option 2 — Opt Out (Exclude Yourself)**
- Written exclusion: name, address, signature, exclusion statement
- Send to claims administrator by deadline (postmark/receipt)
- Consequence: no benefits, retain individual claims; cannot also object

**Option 3 — Object (Stay in Class, Challenge Terms)**
- Must NOT opt out
- Written objection to court clerk: case info, objector details, statement, supporting docs, signature
- Serve copies on class counsel and defense counsel by deadline
- May appear at hearing but not required

### 7. Release of Claims

- Plain-language description with examples of released claims
- Reference settlement agreement for complete language
- All non-opt-out members bound regardless of action taken
- Final after approval + appeal resolution

### 8. Contact Information

| Resource | Include |
|---|---|
| Class counsel | Name, firm, address, phone, email |
| Claims admin | Name, address, phone, email, website |
| Settlement website | URL + available documents |
| Paper copies | How to request |
| Court clerk | Address (file review only) |

Include: **"Do not contact the judge or court staff with settlement questions."**

### 9. Disclaimers

- Notice issued by court order; not expression of court opinion on merits
- Preliminary approval ≠ final fairness determination
- Tax: payments may be taxable; consult own advisor
- Notice is summary; settlement agreement controls if inconsistent

## Drafting Rules

- **Plain language**: define legal terms on first use; active voice; short sentences; no Latin
- **Bold all deadlines**; use headings, bullets, numbered steps
- **Verbatim language**: reproduce court-mandated text exactly as ordered
- **Readability**: comply with court-specified font, translation, or summary requirements
- **Due process**: notice must enable informed decisions on participating, opting out, or objecting
- For state actions, flag applicable state rule equivalents — verify specific rules with user

## Final Checks

- [ ] All dates, addresses, amounts verified against source documents
- [ ] Court-mandated verbatim language included exactly
- [ ] All three class member options clearly presented with deadlines
- [ ] Release scope described in plain language
- [ ] Tax and court-opinion disclaimers included
- [ ] "Do not contact the judge" instruction included
- [ ] FRCP 23(e) requirements cited; state equivalents flagged if applicable