Whether bringing or defending a class action in South Carolina state court, counsel should closely analyze Rule 23 of the South Carolina Rules of Civil Procedure to understand the foundations of class-action practice in the state. While South Carolina’s drafters adopted language from the federal rules, South Carolina’s version of […]
In a previous post, we covered Sos v. State Farm Mutual Automobile Insurance and analyzed the pick-off exception under Eleventh and Fourth Circuit case law. No. 21-11769 (11th Cir. 2023). Sos involved another issue of significance: the calculation of attorneys’ fees, which is the subject of this blog post. Click […]
While perhaps rare, directly paying off a named plaintiff and putative class members before class certification is one tactic for potentially nipping a class action in the bud. It can be effective when both parties are willing to play ball and negotiate a settlement. However, a recent Eleventh Circuit decision […]
A recent decision from the Eleventh Circuit involving allegations of fraud in Ford’s marketing of Shelby Mustangs highlights how Rule 23(b)(3)’s predominance and superiority requirements can defeat class certification in cases where reliance is an element of the plaintiffs’ claims. Cases such as this one illustrate why the necessity of […]