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 […]
Attorney: Chelsea Pieroni
In Mr. Dee’s Inc. v. Inmar, Inc., 127 F.4th 925 (4th Cir. 2025), the Fourth Circuit affirmed a decision by Judge William L. Osteen, Jr. of the Middle District of North Carolina denying, for the third time, plaintiffs’ attempt to certify a class of coupon manufacturers. It is not only […]
Voluntary Dismissals of Putative Class Actions Under Federal Rule 23(e): Permission, or Forgiveness?
Does a trial court have to approve a voluntary dismissal of a putative class action before the case gets to class certification? While the precise answer remains uncertain, the Fourth Circuit, North Carolina courts, and other jurisdictions have made room for a Rule 23(e)-adjacent—or, Rule 23(e) “light”—approach for handling voluntary, […]
In a previous post, we covered Sos v. State Farm Mutual Automobile Insurance and analyzed the pick-off exception under Eleventh and Fourth Circuit case law. No. 21-11769 (11th Cir. 2023). Sos involved another issue of significance: the calculation of attorneys’ fees, which is the subject of this blog post. Click […]