Legal Opinion

Marriott v. County of Montgomery

District Court, N.D. New York

Decided March 25, 2005No. 5:03-CV-531PublishedCited by 1 opinion

1Opinion of the Court

ORDER

HURD, District Judge.

By Memorandum-Decision and Order filed this date the plaintiff class was certified pursuant to Fed. R. Div. P. 23(b)(2) and 23(b)(3). It is appropriate in this matter to require that prospective class members be *134notified of the general legal issues involved and that their rights will be affected by-resolution of this case. See LaFlamme v. Carpenters Local #370 Pension Plan, 212 F.R.D. 448, 459 (N.D.N.Y.2003). While discretion may sometimes be exercised to permit opt-out rights to absent class members, this is not an appropriate case in which to do so. See id. Thus,…

2Cases cited1 opinion

  1. Laflamme v. Carpenters Local 370 Pension PlanDistrict Court, N.D. New York · 2003

3Cited by1 opinion

  1. Barnes v. United StatesUnited States Court of Federal Claims · 2006

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