| name | class-action-fairness-hearing |
| title | Fairness Hearing Notice |
| description | Drafts FRCP 23(e)-compliant fairness hearing notices for class action settlements. Covers settlement terms, opt-out rights, objection procedures, and hearing logistics. Use when notifying class members of a proposed settlement pending court approval. |
| author | CaseMark |
| author_url | https://github.com/CaseMark/skills/tree/main/skills/legal/class-action-fairness-hearing |
| license | Apache-2.0 |
| version | 0.1.0 |
| execution_mode | open |
| jurisdiction | us |
| practice | litigation |
| language | en |
Fairness Hearing Notice
Generates a plain-language class action settlement notice that satisfies due process requirements under FRCP 23(e) or state equivalents.
Prerequisites
Gather before drafting:
- Settlement agreement — all material terms
- Class definition — certified or proposed for settlement
- Preliminary approval order — court order setting hearing and approving notice
- Notice plan — approved distribution methods (mail, email, publication, website)
- Key dates — opt-out deadline, objection deadline, hearing date/location
- Claims process — claim form and procedures (if claims-made)
- Class counsel contact info — for class member inquiries
Notice Structure
1. Header and Summary
- Case name, number, court
- Bold lead: "A proposed settlement has been reached. You may be affected."
- Plain-language class member description
- Key dates table (prominent):
| Action | Deadline |
|---|
| Submit claim | [date] |
| Opt out | [date] |
| File objection | [date] |
| Fairness hearing | [date, time, location] |
2. Case Background
- What plaintiffs alleged and defendant's position — plain language, no jargon
- Why the parties are settling
3. Class Definition
- Who is included, in plain language
- How to determine membership; contact info for questions
4. Settlement Terms
- Total value and per-member amount or formula
- Payment timing/method
- Non-monetary relief (policy changes, injunctive relief) if any
- Claim process: how to file, deadline, required docs
- Claims-made vs. automatic distribution — what happens if no claim is filed
5. Class Member Options
Present four paths clearly:
Submit a Claim (if claims-made) — how, deadline, expected benefit
Opt Out (Exclude Yourself) — preserves individual right to sue; receives nothing from settlement. Must send written request with required content by deadline.
