Mullane v. Central Hanover Bank & Trust

Mullane Deals with Which of the Four Requirements? Proper Notice Constitutional Basis Statutory Basis Proper Venue (No Forum Non-Conveniens)

4 Preliminary Questions (Before We Get to the Notice Issue) What is the effect of the accounting? Who does it affect? Why are there two guardians? What is the constitutional basis for the court to assert personal jurisdiction over the beneficiaries?

What is the basic issue in Mullane? How much notice is constitutionally required? What types of answers does the court give? Verbal definitions? Vague descriptive phrases? Examples?

Answers by Descriptive Phrases Reasonably calculated under all the circumstances to apprise the parties and give them a chance to respond. More than a gesture but less than a guarantee Means reasonably likely to reach absentee or (if that’s impossible) as likely to do so as any reasonable alternative

More Descriptive Phrases Means that would be used by one who really wanted to inform the absentee Means that a prudent business person would use if it was in his or her interest to inform the absentee.

Contrast Reasonably calculated under all the circumstances to apprise the parties and give them a chance to respond. More than a gesture but less than a guarantee Means reasonably likely to reach absentee or (if that’s impossible) as likely to do so as any reasonable alternative Means that would be used by one who really wanted to inform the absentee Means that a prudent business person would use if it was in his or her interest to inform the absentee.

Answers by Examples Publication is adequate for –Unknown Beneficiaries –Contingent or future beneficiaries –Beneficiaries whose location can’t be determined through reasonable diligence

Answers by Examples Mail is adequate for beneficiaries whose names & addresses are known If –There are large numbers of beneficiaries with common (but small) interests –Mail is reasonably certain to reach most of them.