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 […]
While perhaps rare, directly paying off a named plaintiff and putative class members before class certification is one tactic for potentially nipping a class action in the bud. It can be effective when both parties are willing to play ball and negotiate a settlement. However, a recent Eleventh Circuit decision […]
Anyone asked to choose between receiving more money versus receiving less money would probably choose the obvious: more money. So, when the U.S. District Court for the Northern District of California lacked structure for calculating attorneys’ fees, class counsel gingerly sought to secure a generous payday after obtaining a measly, […]