Next Generation Bar Exam Quiz
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CIVIL PROCEDURE
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Excerpt from Bennett v. Meridian Trust Co.: 'An elementary and fundamental requirement of due process in any proceeding which is to be accorded finality is notice reasonably calculated, under all the circumstances, to apprise interested parties of the pendency of the action and afford them an opportunity to present their objections. But if with due regard for practicalities and particularities, such notice is not possible, then publication may be sufficient. This Court has recognized that in case of persons missing or unknown, employment of an indirect and even a probably futile means of notification is all that the situation permits.' A federal court approved a class action settlement against a life insurer. The settlement class included approximately 150,000 policyholders. The insurer's records contained names and last known mailing addresses for 140,000 class members; addresses for the remaining 10,000 were outdated or missing. The parties gave notice only by posting the settlement on the insurer's website and publishing a summary in three national newspapers. No individual notice was mailed to any class member. Objectors claimed that the notice violated due process.
Under the supplied excerpt, which statement is most accurate?
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