We have been following the Frank v. Gaos, 586 U. S. __ (2019) class action case, which presented an opportunity for the U.S. Supreme Court to determine the limits on the use of the cy pres doctrine in the context of class...more
What is the value of the class action mechanism if no redress is provided to plaintiffs at all? Is the class action about providing a remedy to plaintiffs, is it just about getting the defendant company to pay something to...more
11/28/2018
/ Article III ,
Attorney's Fees ,
Briefing Schedule ,
Charitable Organizations ,
Class Action ,
Class Members ,
Cy Pres Funds ,
Data Privacy ,
Disclosure ,
Frank v Gaos ,
Fund Distribution ,
Google ,
Internet Privacy ,
Judgment on the Merits ,
Jurisdiction ,
Oral Argument ,
Search Terms ,
Settlement ,
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
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
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
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
Class action settlements, certification of issues classes, and class notice requirements are among the topics that may be the subject of upcoming proposed amendments to Federal Rule of Civil Procedure 23. On the agenda for...more