In Trauernicht v. Genworth Financial Inc., the Fourth Circuit explains how the nuances of ERISA and retirement plans mesh with the nuances of Rule 23 and class certification. 169 F.4th 459 (4th Cir. Mar. 10, 2026). This post will explore the Fourth Circuit’s breakdown of the distinction between “defined contribution […]
Section 7A-27(a)(4) of the North Carolina General Statutes gives parties the right to an immediate appeal to the North Carolina Supreme Court of “decision[s] regarding class certification.” The statute facilitates the development of a body of case law to guide class certification decisions by North Carolina trial courts and advocacy […]
In Holmes v. Elephant Insurance Co., the Fourth Circuit applied traditional standing principles to modern privacy questions. No. 23-1782, 2025 WL 2907615 (4th Cir. Oct. 14, 2025). In this purported class action, the Court applied two significant rules concerning data-breach litigation. First, to sufficiently allege a “concrete” injury caused by […]
In a case that had previously made its way to the U.S. Supreme Court,[1] the North Carolina Supreme Court recently issued a decision in Jackson v. Home Depot U.S.A., Inc., providing guidance on the predominance requirement for class certification. The Court vacated a class‑certification order, grappling with issues of a […]