Author: David Wright
Tenth Circuit Prohibits Class-Action Waivers in Benefit Plan Documents
It is no secret that many businesses minimize risk by requiring arbitration of disputes on an individual basis. The exposure created by a single claim pales next to that presented by a class claim, asserted under Rule 23, on behalf of numerous individuals. To implement this mitigation strategy, businesses typically include in their agreements an […]
Special Master to Dish Out Unclaimed Judgment Proceeds
There is no shortage of consumer class actions these days, but most of these cases are settled or dismissed. If trials are rare, trials of class actions are rarer, if only because of the stakes. In 2017, Dish Network tried its luck with a jury in the Middle District of North Carolina regarding claims […]
Happy New Year!
After a hiatus, Class Actions Brief is back in business and with an even deeper bench of contributors. Former North Carolina Solicitor General Matt Sawchak joined Robinson Bradshaw in 2020, and Matt now serves as one of our blog editors. He joins Class Actions Practice Group leaders David Wright and Adam Doerr in this role. […]
Supreme Court, over Thomas Dissent, Dodges Cy Pres Mechanism in Class Settlement
Last year in this space, we reported on the continuing debate concerning the use of cy pres awards in class action settlements. Since 2013, Chief Justice Roberts has provided cautionary comments about this practice. See Marek v. Lane, 134 S. Ct. 8 (2013). We also reported on the Ninth Circuit’s approval of a cy pres […]
Sixth Circuit Weighs In On Issue Certification
We’ve commented before in this space about the ongoing debate concerning the relationship between the predominance requirement of Rule 23(b)(3) and “issue certification” under Rule 23(c)(4). Yesterday, the Sixth Circuit weighed in on the subject. See Martin v. Behr Dayton Thermal Prods., No. 17-3663 (6th Cir. July 16, 2018). The case related to a “Superfund […]
U.S. Supreme Court Upholds Agreements Barring Employment Class Actions
Yesterday, the United States Supreme Court, in a 5-4 opinion, held that an employer and its employees may agree to arbitrate claims on an individual, not a class-wide basis. Epic Systems Corp. v Lewis, No. 16-285 (U.S. May 21, 2018). Writing for the majority, Justice Gorsuch rejects the National Labor Relations Board’s view – in […]
A Fresh Look: CCA is now Class Actions Brief
Loyal readers may notice that Carolinas Class Action received a facelift and has been renamed Class Actions Brief. Given our experience with class actions across the country, we want to broaden the scope in order to report on cases outside the Carolinas. We hope you find this expansion both interesting and informative, and we welcome […]
United States Supreme Court Questions Whether A Rule 23(b)(2) Class Can Challenge the Failure to Provide Noncitizens Bail Hearings
The United States Supreme Court, in a 5-3 decision authored by Justice Alito, reversed a Ninth Circuit case concluding that detained aliens have a statutory right to periodic bond hearings during the course of their extended detention. See Jennings v. Rodriguez, ____ U.S. ____, No. 15-1204 (U.S. Feb. 27, 2018). The Court found that the Ninth […]
Recent Filings – January Digest
Not every class action court filing in North and South Carolina becomes a full-length post on our blog. Here is a recap of January filings: Sciabacucchi v. Snyder’s-Lance, Inc., et al., No. 3:18-cv-00049 (W.D.N.C. January 29, 2018) (previously reported similar action as Shaev Profit Sharing Account v. Snyder’s-Lance, Inc., et al., No. 3:18-cv-00039 (W.D.N.C. January […]
Cy Pres Settlements Under Attack Again
A good while ago, we reported in this space, about so-called “cy pres” settlements. We highlighted the Chief Justice’s cautionary comments about this practice – under which third parties, not class members, are compensated by defendants. See Marek v. Lane, 134 S.Ct. 8 (2013). After the Ninth Circuit recently approved a cy pres settlement, In […]