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, […]
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 […]
North Carolina’s courts have been pretty quiet on the topic of class actions since our last North Carolina class action review, but there are two cases that class action attorneys should note. In the first, Surgeon v. TKO Shelby, 898 S.E.2d 732 (N.C. 2024), the North Carolina Supreme Court, in […]
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 […]