Robinson Bradshaw

Topic: Recent Filings

The Now-Traditional Argument About Non-Traditional Harms—No Answer In Sight

Our colleague Erik Zimmerman reported in an earlier post the memorable declaration from defense counsel in TransUnion, LLC v. Ramirez, 594 U.S. 413 (2021): when a legal violation results in no harm, those involved should “break out the champagne,” not “break out a lawsuit.” In TransUnion, decided in 2021, the Supreme Court grappled with a […]

Fourth Circuit Grapples with Effect of “Class-Action Waiver”

On Aug. 18, the United States Court of Appeals for the Fourth Circuit issued an opinion in the long-running Marriott Data Breach MDL Litigation. The Fourth Circuit reversed a district court’s class certification decision, holding that the district court erred in certifying damages classes against the Marriott defendants without first addressing, as a threshold issue, […]

It Pays to Over-Think Class Definitions and Release Provisions in Class Action Settlement Agreements

Limiting exposure to future claims is a crucial aspect of settling class action litigation. A recent opinion out of the Northern District of Georgia serves as a reminder that the definitions of settlement classes and released claims in class action settlement agreements warrant close attention. First, the background. In 2015, a customer filed a putative […]

The Dangers of Watering Down Class-Certification Standards in Fraud Cases

Class actions have long been difficult to certify in fraud cases.  But a recent district court decision in California takes a new approach that would make class certification in fraud cases the norm.  That decision is now on appeal to the Ninth Circuit, where Robinson Bradshaw filed an amicus brief on behalf of the Chamber […]

When can class members recover for non-traditional harms?

At oral argument in TransUnion, LLC v. Ramirez, TransUnion’s counsel told the U.S. Supreme Court that a lack of harm is a reason “to break out the champagne, not to break out a lawsuit.” The Court has now decided TransUnion, and its decision may make it harder for class-action plaintiffs to sue for non-traditional harms. […]

Recent Filings – July 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 July’s filings: Nelson v. Flagship Credit Acceptance, LLC, No. 3:18-cv-02074 (D.S.C. July 27, 2018) (putative class action alleging defendant vehicle loan servicing agency emailed collection information to hundreds of customers at the […]

Recent Filings – June 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 June’s filings: Buffkin, et al. v. Hooks, et al., No. 1:18-cv-00502 (M.D.N.C. June 15, 2018) (purported class action brought by incarcerated persons alleging they have been diagnosed with hepatitis C and the […]

Recent Filings – May 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 May’s filings: Thibodeaux v. Credit Protection Ass’n, L.P., et al, No. 1:18-cv-00469 (M.D.N.C. May 31, 2018) and Thibodeaux v. Enhanced Recovery Company, LLC d/b/a ERC, et al., No. 1:18-cv-00470 (M.D.N.C. May 31, […]

Recent Filings – April 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 April’s filings: Todd, et al. v. Norfolk Southern Corporation (D.S.C. April 23, 2018) (putative class action brought under the South Carolina General Railroad Law by land owners in Richland County who allege […]

Recent Filings – March 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 March filings: Fryett v. Equifax Info. Servs., LLC, No. 5:18-cv-00109 (E.D.N.C. March 23, 2018) (purported collective and class action brought under the Fair Credit Reporting Act against Equifax for alleged reporting of […]