This comment will address the subject of class actions under Federal Rule 23(b) (2) and will trace the development of notice requirements, taking note of the split of authority on the issue. The holding and the deceivingly broad language of the Supreme Court's decision in Eisen will also be examined in order to illustrate its lack of effect on the (b) (2) notice requirements that have developed in the lower courts.
Note, Class Actions under Rule 23(b)(2): A Type of Class Action Which Does Not Require Eisen Notice, 24 Clev. St. L. Rev. 504 (1975)