Robinson Bradshaw

Jurisdiction: Middle 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 […]

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 […]

Follow Up – Class Counsel Granted $20.4 Million Attorneys’ Fee Award in Dish Network Telemarketing Case

In a December order, Judge Eagles awarded $20.4 million in attorneys’ fees to Class Counsel in Krakauer v. Dish Network. The motion for fees was unchallenged by Dish Network, and all but a handful of the 18,000 class members approved of the amount. The facts of Krakauer are familiar to longtime readers of Class Actions […]

Follow Up – Dish Network Denied New Trial and Slapped with Trebled Damages of $61 Million

Today we provide you with an update on a previous blog post addressing Dish Network’s plea for a new trial after a jury awarded damages of $20.5 Million in a telemarketing class action lawsuit. After a five-day trial in January, a jury awarded damages by assigning $400.00 to each of the 51,119 distinct phone calls […]

Dish Network Hopes for a New Trial of Telemarketing Class Action Lawsuit after $20.5 Million Jury Verdict

Dish Network has asked the Middle District of North Carolina for a new trial in its telemarketing class action lawsuit after a jury found Dish liable for violations of the Telephone Consumer Protection Act. After a five-day trial ending on January 19th, a jury awarded damages to the class of $20.5 million. The lawsuit was […]

Class Certified on Failure To Notify Employees of Impending Hospital Closure

Failure to give the requisite 60-days’ notice to a group of employees under the WARN Act seems like it implicates a quintessential common question for adjudication under Rule 23. But in Hutson v. CAH Acquisition Company 10, LLC, 1:15CV742 (M.D.N.C. Aug. 15, 2016), Defendant gamely tried to suggest that there were factual issues that must […]

Airline Price-Fixing Litigation Arrives in the MDNC

Cone v. American Airlines Group, Inc., a case filed this Thursday in the Middle District of North Carolina, is one of dozens of antitrust suits filed against the major U.S. airlines in courts across the country in recent weeks. With the addition of North Carolina, suits are now pending in at least seven states and […]