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 […]
Can you go to jail if you don’t pay your traffic tickets? This question loomed behind a recent Eleventh Circuit appeal in Carter v. City of Montgomery. While the Eleventh Circuit had “no occasion to assess the legality, let alone the wisdom,” of jailing those who fail to pay traffic […]
Sometimes class certification hinges on an opinion reached by a single expert. A recent decision by the United States District Court for the Northern District of Illinois in Series 17-03-615 v. Express Scripts, Inc., No. 3:20-CV-50056, 2024 WL 1834311 (N.D. Ill. Apr. 26, 2024), provides a cautionary tale for plaintiffs, […]
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 […]