U.S. Class Actions Go Global: Transnational Class Actions and Personal Jurisdiction

September 27, 2011

In Phillips Petroleum Co. v. Shutts, the United States Supreme Court held that plaintiff class members residing outside the forum state are entitled to the “minimal due process protections” of notice, an opportunity to be heard, an opportunity to opt out, and adequate representation.  However, class actions involving class members not just from other states but from other countries raise distinctive due process concerns in each of these areas.  In this Article, Professor Bassett examines the considerations impacting on due process and personal jurisdiction when non-U.S. claimants participate in class litigation, and proposes guidelines necessary to ensure that the class judgment will have a binding effect on foreign claimants.

October 2003

No. 1