The U.S. Supreme Court issued two 5-4 decisions in as many months regarding class procedures. Lamp Plus, Inc. v. Varela, 587 U. S. ____ (2019) was favorable to corporate defendants by limiting the availability of class...more
6/12/2019
/ Ambiguous ,
Appeals ,
Arbitration ,
Arbitration Agreements ,
CAFA ,
Class Action ,
Class Arbitration ,
Co-Defendants ,
Consent ,
Counterclaims ,
Federal Arbitration Act ,
Federal Rules of Civil Procedure ,
Federal v State Law Application ,
General Removal Provisions ,
Home Depot USA Inc v Jackson ,
Jurisdiction ,
Lamps Plus Inc v Varela ,
Motion to Compel ,
Preemption ,
Remand ,
Removal ,
Reversal ,
SCOTUS ,
Third-Party
We have been talking about Frank v. Gaos, (No. 17-961), since the U.S. Supreme Court decided to tackle the extreme case of the use of the cy pres doctrine in the context of class action cases. The settlement is a cy pres-only...more
11/28/2018
/ Appeals ,
Attorney's Fees ,
Charitable Organizations ,
Class Action ,
Class Members ,
Cy Pres Funds ,
Frank v Gaos ,
FRCP 23 ,
Fund Distribution ,
Judgment on the Merits ,
Oral Argument ,
Standing
There has been a lot of discussion surrounding class action litigation over the course of the last several years. The U.S. Supreme Court has tackled a variety of issues ranging from the use of class action waivers in...more
The North Carolina legislature recently passed H.B. 239, over Gubernatorial veto, which gives company defendants the right to appeal trial court decisions allowing class certification directly to the North Carolina Supreme...more
Rolling into the new year, North Carolina attorneys are on notice that the ability to gain approval of class action settlements and related attorneys’ fees may become more difficult in some cases. In recent years, we have...more
The North Carolina Court of Appeals considered for the first time whether it is legal in a class action settlement agreement for one party to agree to pay the other’s attorneys’ fees and expenses. The court concluded that it...more
10/28/2015
/ American Rule ,
Appeals ,
Attorney's Fees ,
Business Court ,
Class Action ,
FRCP 23 ,
Judicial Review ,
Mergers ,
Notice of Appeal ,
Prevailing Party ,
Rules of Professional Conduct ,
Settlement ,
Shareholder Litigation
Last week, the Fourth Circuit Court of Appeals kicked off the holiday by giving thanks for the power to prevent parties from reaping the benefits of fraud perpetrated against the federal courts. The Fourth Circuit decided in...more
The Sixth Circuit Court of Appeals recently noted in Killion et al. v. KeHE Distrib., LLC, Nos. 13-3357/4340 (6th Cir. Jul. 30, 2014) that it was the first appellate court to tackle head on the question of whether a...more