In a case that had previously made its way to the U.S. Supreme Court,[1] the North Carolina Supreme Court recently issued a decision in Jackson v. Home Depot U.S.A., Inc., providing guidance on the predominance requirement for class certification. The Court vacated a class‑certification order, grappling with issues of a […]
It’s always important to read the fine print. In a win for class-action waivers, the Fourth Circuit recently issued an opinion ordering decertification of numerous classes, providing clarity both on the enforceability of class-action waivers and the kind of litigation conduct that might cause a defendant to forfeit such contractual […]
In Mr. Dee’s Inc. v. Inmar, Inc., 127 F.4th 925 (4th Cir. 2025), the Fourth Circuit affirmed a decision by Judge William L. Osteen, Jr. of the Middle District of North Carolina denying, for the third time, plaintiffs’ attempt to certify a class of coupon manufacturers. It is not only […]
Does a trial court have to approve a voluntary dismissal of a putative class action before the case gets to class certification? While the precise answer remains uncertain, the Fourth Circuit, North Carolina courts, and other jurisdictions have made room for a Rule 23(e)-adjacent—or, Rule 23(e) “light”—approach for handling voluntary, […]