Julius Barbour, et al. v. Halliburton Company, et al.
1. Whether class members are given constitutionally
adequate notice under Eisen v. Carlisle & Jacquelin ,
which requires direct individual notice when
practicable, where a notice of a class action settlement
that is mailed to some class members does not disclose
a requirement to take certain action to preserve one's
entitlement to compensation under the settlement, and
notice is not mailed to them or not mailed until after
the deadline to comply with the requirement.
2. Whether it is a violation of due process or an abuse
of discretion for a court of appeals to base its decision
on a ground raised only by the court itself during oral
argument.
3. Whether, regardless of notice, it violates due process
to deny compensation to a class member for not
meeting an eligibility qualification imposed by the
claims administrator based on a post-settlement MDL
procedural order and where the class member met the
qualification at the time of settlement and at the time
of claim submission.
Whether class members received constitutionally adequate notice under Hisen v. Carlisle & Jacquelin