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May 31, 2024 Ty Jameson
Posted in  Arbitration

North Carolina Supreme Court Affirms Enforceability of Arbitration Clause Added by Amendment to Existing Account Agreement

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 […]

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March 28, 2024 Ty Jameson
Posted in  Class Action Settlements

The Limits on Class Action Settlements: Fourth Circuit Holds Class Member’s Personal Injury Claim Can Proceed Despite Settlement Agreement

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 […]

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February 27, 2024 Matthew Anderson Andrew Parks Carter
Posted in  Class Action Basics

The Profits Are in the Corners: Exploring the Similarities and Differences Between Rule 23 of the South Carolina Rules of Civil Procedure and Federal Rule 23

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 […]

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