Implications Of DTD Enterprises Inc. V. Wells

Law360, New York (October 26, 2009, 2:42 PM EDT) -- In DTD Enterprises Inc. v. Wells, No. 08-1407, the U.S. Supreme Court recently declined to review a New Jersey trial court’s order that, without considering the merits of the underlying claims, directed a class action defendant to pay the entire cost of notice to a class simply because the defendant could afford to pay while the plaintiff could not.

In seeking certiorari, the defendant argued that imposing such costs on it violated the Constitution’s Due Process Clause. Justice Kennedy authored a separate statement — joined by...
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