Question

A corporation has been the subject of several news reports charging that the pollution put out by its factory endangers 5,000 residents of a subdivision. The corporation filed an action naming all 5,000 residents as defendants and seeking a declaratory judgment that it is not liable for damaging their health, and the court properly certified the action as a class action. Per court order, detailed notice of the suit is posted on every lightpole throughout the subdivision, but the residents are not notified individually.

Was notice in this case constitutional?
A. Yes, because the posting was reasonably calculated to give notice to all 5,000 residents.
B. Yes, if a state statute authorizes such process.
C. No, because all residents could reasonably be notified by mail.
D. No, because individual defendants must always be notified by personal service of a summons.

Answer 1

Answer: C. No, because all residents could reasonably be notified by mail.

Step-by-step explanation:

The notice was not Constitutional because there should be a reasonable chance that every defendant has gotten the notice of the suit and they will not be able to do this unless notified individually.

This is why the court should have at least used mail to reach out to them because with mail, there is a reasonable chance that every defendant would be notified.