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, […]
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 […]
Can you go to jail if you don’t pay your traffic tickets? This question loomed behind a recent Eleventh Circuit appeal in Carter v. City of Montgomery. While the Eleventh Circuit had “no occasion to assess the legality, let alone the wisdom,” of jailing those who fail to pay traffic […]
Sometimes class certification hinges on an opinion reached by a single expert. A recent decision by the United States District Court for the Northern District of Illinois in Series 17-03-615 v. Express Scripts, Inc., No. 3:20-CV-50056, 2024 WL 1834311 (N.D. Ill. Apr. 26, 2024), provides a cautionary tale for plaintiffs, […]