What the Shutts Opt-Out Right is and What it Ought to Be

37 Pages Posted: 21 Apr 2012 Last revised: 29 May 2012

See all articles by Brian Wolfman

Brian Wolfman

Georgetown University Law Center

Alan B. Morrison

George Washington University - Law School

Date Written: 2006

Abstract

This article discusses the ramifications of the U.S. Supreme Court's decision in Phillips Petrolem v. Shutts, 472 U.S. 797 (1985), regarding the right of an absent class member to opt out of a class action. The article addresses both the current prevailing understanding of Shutts, which is based on the personal jurisdiction strain of due process jurisprudence, and what the authors believe is a more useful understanding, based on the property rights strain of due process jurisprudence. As an addendum to the article, the authors propose a new civil procedure rule governing class actions that would implement their ideas about opt-out rights and class action governance more generally.

Keywords: class actions, opt out, civil procedure, Shutts

JEL Classification: K40, K41

Suggested Citation

Wolfman, Brian and Morrison, Alan B., What the Shutts Opt-Out Right is and What it Ought to Be (2006). University of Missouri-Kansas City Law Review, Vol. 74, No. 3, 2006; Georgetown Public Law Research Paper No. 12-062. Available at SSRN: https://ssrn.com/abstract=975231

Brian Wolfman (Contact Author)

Georgetown University Law Center ( email )

600 New Jersey Avenue, NW
Washington, DC 20001
United States

Alan B. Morrison

George Washington University - Law School ( email )

2000 H Street, N.W.
Washington, DC 20052
United States

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