Section 7A-27(a)(4) of the North Carolina General Statutes gives parties the right to an immediate appeal to the North Carolina Supreme Court of “decision[s] regarding class certification.” The statute facilitates the development of a body of case law to guide class certification decisions by North Carolina trial courts and advocacy […]
In Holmes v. Elephant Insurance Co., the Fourth Circuit applied traditional standing principles to modern privacy questions. No. 23-1782, 2025 WL 2907615 (4th Cir. Oct. 14, 2025). In this purported class action, the Court applied two significant rules concerning data-breach litigation. First, to sufficiently allege a “concrete” injury caused by […]
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 […]