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 […]
As the end of 2024 approaches, it’s a good time to take a look at the Fourth Circuit’s decisions on class certification over the past year. In 2024, the Fourth Circuit issued several decisions on class certification, offering guidance on ascertainability, commonality, standing, the relationship between Rule 12(b)(6) and class […]
In the modern economy, companies often amend the terms of consumer contracts pursuant to change-of-terms provisions, providing notice of the amendment to the consumer via email. In a recent decision, the North Carolina Supreme Court confirmed that, pursuant to such change-of-terms provisions, companies can amend consumer contracts to add arbitration […]
When a products manufacturer spends nearly $40 million to settle a class action regarding alleged defects in its products and alleged misconduct in their marketing, it might reasonably expect that a class member could not subsequently bring a lawsuit about the same product. This may especially be true where a […]