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Class Actions in the Carolinas and Beyond

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Fail-Safe Classes Are Fundamental

Last month, the D.C. Circuit deepened a circuit split on the issue of fail-safe classes. The decision, In re White, 64 F.4th 302 (D.C. Cir. 2023), rejected a categorical rule against all fail-safe classes in favor of a case-by-case approach rooted in the text of the federal rules. With this…

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Does Due Process Limit Aggregate Statutory Damages in Class Actions?

Statutes defining minimum damages per violation, such as many consumer protection laws, often inspire class actions. Plaintiffs argue that certification of such classes is easier because they avoid issues of individualized damages. But in the aggregate, these damages can become immense. As a recent case from the Ninth Circuit shows,…

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A Class Action Sleeper Issue Might Be Waking Up

The Sixth Circuit appears poised to become the fourth federal court of appeals to reject the use of the “juridical link” doctrine as a means to establish Article III standing in a class action. The doctrine, a seldom-used class action legal concept, recognizes an exception to the ordinary Article III…

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