Notice.

In Morrow v. Jones, the Fifth Circuit addressed whether an appellate court may consider a forfeited issue—specifically, the failure to provide class-wide notice of a motion for attorney fees as required by Fed. R. Civ. P. 23(h). The panel emphasized that it may address a forfeited issue if it “involves a pure question of law, and our refusal to address it would result in a miscarriage of justice.”

Here, the Court held that declining to address the lack of notice would “unjustly deprive class members of the opportunity to object to the fee motion—an opportunity to which they are entitled by statute.” Given the unique context of class actions and the court’s independent obligation to protect class interests, the panel exercised its discretion to reach the forfeited issue, holding that the district court’s failure to provide notice was an abuse of discretion. No. 23-40546, Jun. 10, 2025