a. Facts-
Bank was trying to conduct an “accounting”, which would extinguish any claim
against the bank for mishandling funds. They gave notice by way of newspaper ad
b. When
they previously conducted an accounting, they notified everyone by mail, not by newspaper
c. Ct
said that “chance alone” is NOT enough…maybe some people moved away from the
newspaper’s reach, or maybe somebody won’t read the paper
d. What
is adequate notice?
i.
Actually trying to inform the party to
litigation
ii.
“Reasonably calculated to apprise a
party as to the pendency of an action”
iii.
Everyone who has an interest in the
litigation should be notified
e. Summons-
directs the Δ to file an answer
f. Complaint-
states complaint and prayer for relief (what the Π wants)
g. Due
Process only requires that you send
the notice, and the presumption that the post office sent it
No comments:
Post a Comment