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January 24, 2023 Jeffrey Steven McConnell Warren Christopher Flurry
Posted in  Class Action Basics

Solitary Claims for Solitary Confinement: Predominance Defeats North Carolina Class Action Seeking Injunctive and Declaratory Relief for Inmates in Restrictive Housing

In Dewalt v. Hooks, 2022-NCSC-105, 879 S.E.2d 179, the North Carolina Supreme Court recently illustrated the difficulty in finding commonality between several fact-specific Constitutional claims for the purposes of certifying a class. The Supreme Court relied primarily on the U.S. Supreme Court’s holding in Wal-Mart Stores, Inc. v. Dukes, 564 […]

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October 31, 2022 Eric Cunningham
Posted in  Ascertainability Class Action Basics

A Chance at Redemption? Fourth Circuit’s Reversal of Summary Judgment in Bellon May Bring Fail-Safe Issue to the Fore

             Earlier this year, in Bellon v. The PPG Employee Life & Other Benefits Plan, 41 F.4th 244 (4th Cir. 2022), the Fourth Circuit remanded a decision from the Northern District of West Virginia addressing whether a class of retirees and their spouses may recover […]

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October 7, 2022

Best in Class Celebrates its One Year Anniversary

Just about a year ago, Ellis & Winters LLP launched its Best in Class Blog. So, we are declaring today, October 7, as the Blog’s official one-year anniversary. Even before launching the Blog, the firm recognized the perilous and complicated path that class-action litigation can bring to any company. So, […]

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