Jurisdiction: Legislation
Senate to Determine Whether to “Waive” Goodbye to Class Action Waivers and Mandatory Arbitration Agreements
Last month, the United States House of Representatives passed the Forced Arbitration Injustice Repeal Act, or the “FAIR Act.” The FAIR Act, should it be passed by the Senate and signed into law, would prohibit class action waivers and mandatory pre-dispute arbitration agreements in a wide range of disputes: Employment disputes that arise out of […]
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 […]
Does GS § 7A-27 Require Immediate Appeal of all Class Certification Orders?
It appears that the answer may be yes. In 2017, the General Assembly amended G.S. § 7A-27 to permit defendants to take interlocutory appeals from orders granting class certification. Prior to the amendment, plaintiffs could pursue interlocutory appeals from orders denying class certification, but defendants had no reciprocal right of appeal. As amended, section 7A-27(a) […]
NC Class Certification Appeals Bill Becomes Law
House Bill 239, which reduces the number of judges on the North Carolina Court of Appeals and provides for direct appeals of decisions regarding class action certification to the North Carolina Supreme Court, is now law. On April 26, the General Assembly voted to override Governor Cooper’s veto, and the bill has been enacted as […]
Pending Bill Would Permit Interlocutory Appeals of Class Certification Decisions Directly to NC Supreme Court
Governor Cooper vetoed House Bill 239 on April 21, rejecting the General Assembly’s effort to reduce the number of judges on the North Carolina Court of Appeals from 15 to 12. The bill has been quite controversial, and four former North Carolina Supreme Court justices have said it would “seriously harm our judicial system.” Although the […]
House Passes Fairness in Class Action Act of 2017
Largely following party lines, the House of Representatives on March 9, 2017, passed H.R. 985: Fairness in Class Action Act of 2017, which we highlighted in this space. One central feature of this bill, which we noted, is an appeal as of right of class certification decisions. This provision represents a radical departure from current […]
Congress Considering Major Class Action Reform Legislation
Rep. Bob Goodlatte (R-Va.), the Chairman of the House Judiciary Committee, recently introduced a bill that would make significant changes to federal class action litigation. The Fairness in Class Action Litigation Act of 2017 (H.R. 985) states that it is intended to allow prompt recoveries to plaintiffs with legitimate claims and “diminish abuses in class action […]