Robinson Bradshaw

Jurisdiction: Eastern District of North Carolina

In ERISA Class Actions, Defendants Should Take a Close Look At Whether Article III Standing Issues Could Lead to Early Adjudication

As class action litigation under ERISA continues its upward trend across the country, could Article III standing serve as a means through which a Court can fairly assess claims before costly discovery is imposed on defendants and judicial resources are expended? Several recent federal court decisions suggest as much. ERISA, which provides protection to employees […]

What should be required to show that a party waived its right to arbitrate?

This post concerns a recurring topic in class-action practice: how a party—through its own litigation conduct—can waive its right to arbitrate. The topic warrants attention, or at least came to our attention, because of a recent decision from a federal appellate court. The case, called Morgan v. Sundance, Inc., is a putative nationwide collective action […]

Court Denies Certification of Settlement Class Where Settlement Only Benefited Named Plaintiff

The Second Circuit has observed that “[t]he [trial] judge [in a class action] should not regard himself as an umpire in typical adversary litigation. He sits also as a guardian for class members who have not received a notice or who lack the intellectual or financial resources to press objections.” Weinberger v. Kendrick, 698 F.2d […]

Debate Over Predominance in Issue Certification Continues as Supreme Court Denies Cert.

Particularly with the Supreme Court’s denial of cert in Whirlpool v. Glazer, U.S., No. 13-431, cert. denied 2/24/14, “issue certification” itself remains an unresolved issue. In Whirlpool, the Sixth Circuit affirmed the district court’s order granting class certification of claims for breach of warranty, negligent design, and negligent failure to warn under Ohio law for […]

After Co-Counsel Communication Issues, Court Appoints Sole Class Counsel

In Mitchell v. Smithfield Packing Co., Inc., No. 4:08-CV-182, 2013 WL 3819935 (E.D.N.C. July 23, 2013), Magistrate Judge Gates had to decide how to deal with putative class counsel who were having trouble communicating: “Communications between [co-counsel] appear to have completely broken down, and the court cannot envision any scenario in which they could continue […]