Robinson Bradshaw

Topic: Appeal

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 […]

No Laughing Matter – Fed. R. Civ. P. 23(f)’s Deadline for Filing Petitions for Permission to Appeal Certification Orders Cannot Be Equitably Tolled

After a lively oral argument interrupted eight times by laughter, a unanimous Supreme Court reached a serious holding in Nutraceutical Corp. v. Lambert, No. 17-1094 (Feb. 26, 2019): that Fed. R. Civ. P. 23(f)’s 14-day period for requesting permission to appeal class certification orders cannot be equitably tolled. The class-action plaintiff in Lambert sued for […]

Sixth Circuit Weighs In On Issue Certification

We’ve commented before in this space about the ongoing debate concerning the relationship between the predominance requirement of Rule 23(b)(3) and “issue certification” under Rule 23(c)(4). Yesterday, the Sixth Circuit weighed in on the subject. See Martin v. Behr Dayton Thermal Prods., No. 17-3663 (6th Cir. July 16, 2018). The case related to a “Superfund […]

China Agritech and Tolling in CAFA Cases

Updated 6-11-18: The Supreme Court’s decision earlier today in China Agritech confirms the validity of the observations in the original blog post below.  The Court held that American Pipe tolling does not apply to successive class actions. In American Pipe & Construction Co. v. Utah, 414 U.S. 538 (1974), and Crown Cork & Seal v. […]

United States Supreme Court Questions Whether A Rule 23(b)(2) Class Can Challenge the Failure to Provide Noncitizens Bail Hearings

The United States Supreme Court, in a 5-3 decision authored by Justice Alito, reversed a Ninth Circuit case concluding that detained aliens have a statutory right to periodic bond hearings during the course of their extended detention.  See Jennings v. Rodriguez,  ____ U.S. ____, No. 15-1204 (U.S. Feb. 27, 2018).  The Court found that the Ninth […]

The Case of the $5 Footlong*

For what appears to have been a frivolous lawsuit, In re: Subway Footlong Sandwich Marketing and Sales Practices Litigation generated an interesting opinion from the Seventh Circuit full of class-action issues. The case originated when an Australian teenager posted a photo of an 11-inch Subway sandwich, with a tape measure, on his Facebook page. Coming in […]

Fourth Circuit Provides Guidance Concerning Proof of the Amount in Controversy under CAFA

We don’t often get appellate guidance after a federal trial judge remands a case to state court following removal because 28 U.S.C. Sect. 1447(d) generally makes such a ruling unreviewable. But the Class Action Fairness Act (“CAFA”), 28 U.S.C. Sect. 1332(d), permits a court of appeals to accept an appeal of a remand from a class […]

Fourth Circuit Uses Spokeo to Spike $11.7 Million Class Action Judgment

Standing to sue, a venerable piece of American jurisprudence for sure, continues to draw attention in recent class action cases, including in the Fourth Circuit. In its second decision this year evaluating last term’s Supreme Court decision, Spokeo v. Robins, 136 S. Ct. 1540 (2016), a unanimous panel of the Fourth Circuit found insufficient “an […]

Named Plaintiffs Can’t Voluntarily Dismiss Individual Claims in Order to Appeal Class Certification Denial

Earlier this year, we hazarded a guess that the Supreme Court was split 4-4 regarding a Ninth Circuit decision holding that a named plaintiff could achieve appellate review of a decision denying class certification by voluntarily dismissing his individual claims. It turns out, based upon the Supreme Court’s decision in Microsoft Corp. v. Baker [], that […]

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 […]