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Attorney: Ty Jameson

November 14, 2024 Ty Jameson Michelle A. Liguori

Class Certification Review in the Fourth Circuit in 2024: An Encouraging Year for Class Action Defendants

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 […]

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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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August 22, 2023 Ty Jameson
Posted in  Class Action Basics Class Certification

Eleventh Circuit Decision Narrowing Certification of Ford Mustang Class Shows How Predominance and Superiority Can Defeat Consumer Fraud Class Actions

A recent decision from the Eleventh Circuit involving allegations of fraud in Ford’s marketing of Shelby Mustangs highlights how Rule 23(b)(3)’s predominance and superiority requirements can defeat class certification in cases where reliance is an element of the plaintiffs’ claims. Cases such as this one illustrate why the necessity of […]

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