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
It is easy to overgeneralize the outcome of a legal dispute as pro-plaintiff or pro-defendant to paint a picture of which way a court is leaning and who is finding favor. This week, the U.S. Supreme Court issued its second...more
6/15/2018
/ American Pipe & Construction Co. v. Utah ,
China Agritech Inc v Resh ,
Class Action ,
Class Certification ,
Class Members ,
Equitable Tolling ,
FRCP 23 ,
PLSRA ,
Putative Class Actions ,
Reversal ,
SCOTUS ,
Securities Fraud ,
Statute of Limitations ,
Subsequent Litigation
The reality of class action litigation is that what is supposed to be the court’s preliminary decision of whether to certify a case as a class action is often the end of the litigation. In many cases, plaintiffs will not...more
6/29/2017
/ Article III ,
Class Action ,
Class Certification ,
Design Defects ,
Dismissal With Prejudice ,
FRCP 23 ,
FRCP 23(f) ,
Interlocutory Appeals ,
Microsoft v Baker ,
SCOTUS ,
Standing ,
Xbox
As class action litigation has continued to proliferate, we have seen efforts to rein in the perceived abuses of the system on multiple fronts. Over a decade ago, Congress passed the Class Action Fairness Act of 2005 (CAFA)...more
4/17/2017
/ Ascertainable Class ,
Attorney's Fees ,
CAFA ,
Class Action ,
Class Certification ,
Discovery ,
FRCP 23 ,
Jurisdiction ,
Proposed Legislation ,
Removal ,
Settlement
Federal class action jurisprudence has been evolving rapidly over the course of the last 5-6 years, with several major U.S. Supreme Court decisions defining and redefining many aspects of class litigation. With the first...more
Class actions consume considerable company resources and can pose significant risk of exposure in the $ millions or $ billions. Therefore, it is critical for companies to prepare themselves – to know the trends in class...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
Circumscribing an individual’s power to subject companies to class and collective actions has been on the forefront of corporate litigation for several years, particularly in light of the growing trend of class action...more
Last week, the U.S. Supreme Court denied Family Dollar Stores, Inc.’s petition for writ of certiorari seeking review of the Fourth Circuit’s decision in Scott, et. al. v. Family Dollar Stores, Inc., No. 12-1610 (4th Cir....more