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- Feed Preview Class Actions Brief
Disappointments and Silver Linings in North Carolina Class-Action Law
Life has its disappointments. Sometimes, you think you’ve won a free car, but it turns out that you’ve won only a couple of dollars. And sometimes, you think that an appellate court will clar...
Both Car and Class Totaled?
One of the key issues at class certification is whether plaintiffs have met their burden to establish commonality and predominance: that “questions of law or fact common to class members predom...
https://classactionsbrief.com/2024/03/both-car-and-class-totaled/
The Now-Traditional Argument About Non-Traditional Harms—No Answer In Sight
Our colleague Erik Zimmerman reported in an earlier post the memorable declaration from defense counsel in TransUnion, LLC v. Ramirez, 594 U.S. 413 (2021): when a legal violation results in no ha...
Standing vs. Typicality in Class Actions: Blurry Lines and a Split of Authority
In general, a litigant cannot sue for another person’s injury. In that circumstance, the litigant has no “standing” to pursue those claims. But Rule 23 — at least in a broad sense — all...
Fourth Circuit Grapples with Effect of “Class-Action Waiver”
On Aug. 18, the United States Court of Appeals for the Fourth Circuit issued an opinion in the long-running Marriott Data Breach MDL Litigation. The Fourth Circuit reversed a district court’s c...
https://classactionsbrief.com/2023/09/fourth-circuit-grapples-with-effect-of-class-action-waiver/
On Class-Action Remedies, Begin with the End in Mind
Think about the last class-action notice that you received. You might have thought, “This is sweet. I didn’t know anything was wrong with my dog food, but I can get $50 if I just fill out thi...
https://classactionsbrief.com/2023/08/on-class-action-remedies-begin-with-the-end-in-mind/
It Pays to Over-Think Class Definitions and Release Provisions in Class Action Settlement Agreements
Limiting exposure to future claims is a crucial aspect of settling class action litigation. A recent opinion out of the Northern District of Georgia serves as a reminder that the definitions of s...
Collegiate Sports Team Websites Are New Target in Privacy Class-Action Litigation
Since March of this year, at least four purported class action lawsuits have been filed against universities, their affiliated athletic organizations, and the alleged operators of their athletic ...
Fail-Safe Classes Are Fundamental
Last month, the D.C. Circuit deepened a circuit split on the issue of fail-safe classes. The decision, In re White, 64 F.4th 302 (D.C. Cir. 2023), rejected a categorical rule against all fail-saf...
https://classactionsbrief.com/2023/05/fail-safe-classes-are-fundamental/
Does Due Process Limit Aggregate Statutory Damages in Class Actions?
Statutes defining minimum damages per violation, such as many consumer protection laws, often inspire class actions. Plaintiffs argue that certification of such classes is easier because they avo...