Robinson Bradshaw

Jurisdiction: Other

Does Tyson’s “No Reasonable Juror” Standard Relieve Courts of the Obligation Rigorously To Analyze Expert Statistical Models at Class Certification?

In order to have a class certified, the plaintiffs have the burden of proving to the satisfaction of the court, “after a rigorous analysis,” that they comply with Rule 23—that is, that “there are in fact sufficiently numerous parties, common questions of law or fact, etc.”  Wal-Mart Stores, Inc. v. Dukes, 564 U.S. 338, 350-51 […]

How Many Uninjured Class Members is Too Many for Certification? The Waters Remain Murky.

The extent to which the presence of uninjured class members may defeat class certification remains unsettled. While, standing alone, the existence of some uninjured class members may not be not fatal (depending on the circuit), just how many is too many to satisfy the predominance requirement of Rule 23(b)(3) is still in flux. The Ninth […]

Enforcing Other Courts’ Orders—A Class Action Remedy for Violations of Bankruptcy Discharge?

Bankruptcy, like the class action, is a form of collective adjudication. It is usually regarded as an alternative to the class action, in which the rights of creditors (often in the hundreds, thousands, or even millions) against one or more debtors can be determined through special procedures that need not meet the requirements for class […]

How do you settle future claims for an indeterminate class amidst scientific uncertainty?

While Roundup herbicide may be able to kill unwanted weeds, Monsanto, the maker of Roundup, is having a much harder time weeding out unwanted lawsuits. Recent cases alleging Roundup caused cancer have resulted in verdicts of tens of millions of dollars per plaintiff. Now Monsanto’s attempt to round up future claims into a class action […]

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 […]

5 of 7 NC Justices’ Family Members are in the Class: Will they hear the appeal?

There are 7 justices on the North Carolina Supreme Court, and 4 are required to constitute a quorum. But what if 5 of the 7 justices have a family history of public service that could prevent them from hearing an appeal? In Lake v. State Health Plan for Teachers & State Employees, 852 S.E.2d 888 […]

Recent Filings – Spring 2019 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 Spring 2019’s filings: Chrismon v. Meadow Greens Pizza, LLC, et al., No. 5:19-cv-155 (E.D.N.C. April 17, 2019) (purported collective and class action brought under FLSA and state wage and hour laws alleging […]

Recent Filings – November 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 November’s filings: Cavin v. Smith Debnam Narron Drake Saintsing & Myers, LLP, No. 1:18-cv-00995 (M.D.N.C. November 30, 2018) (putative class action alleging defendant sent misleading and deceptive collection letters stating “we assume […]

Recent Filings – October 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 October’s filings: Milroy, et al. v. Bell Partners Inc., et al. (E.D.N.C. October 30, 2018) (removal of state court complaint to federal court alleging defendant property management company hired law firms to […]

Recent Filings – September 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 September’s filings: Edwards, et al. v. CSX Corp., et al., No. 7:18-cv-169 (E.D.N.C. September 24, 2018) (purported class action brought by Lumberton residents alleging CSX Corporation negligently maintained an underpass on the […]