Whether bringing or defending a class action in South Carolina state court, counsel should closely analyze Rule 23 of the South Carolina Rules of Civil Procedure to understand the foundations of class-action practice in the state. While South Carolina’s drafters adopted language from the federal rules, South Carolina’s version of ..read more

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 ..read more

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 ..read more

A recent decision from the Eleventh Circuit involving allegations of fraud in Ford’s marketing of Shelby Mustangs highlights how Rule 23(b)(3)’s predominance and superiority requirements can defeat class certification in cases where reliance is an element of the plaintiffs’ claims. Cases such as this one illustrate why the necessity of ..read more

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 ..read more

As the calendar approaches the middle of the year, it is a good time to review the Fourth Circuit’s recent class-action decisions—and there have been a number of them. These opinions offer guidance on five key topics in class-action litigation, including numerosity, ascertainability, commonality, the rights and burdens of objectors, […] The post A Review of Fourth Circuit Class-Action Opinions of the Past Year appeared first on Ellis & Winters LLP ..read more

Much like COVID-19 itself, a pandemic of class-action litigation has spread across this nation between two age-old foes: prisons, and their prisoners. Unlike most of the litigation arising from COVID-19 across the country, prisoners are taking a unique legal position: the failure of the government to take precautions against COVID-19 […] The post A Pandemic of Litigation: Prisons and COVID-19 Class Actions appeared first on Ellis & Winters LLP ..read more

In its recent decision in In re Citizens Bank, N.A., 15 F.4th 607, 611 (3d Cir. 2021), the Third Circuit provided important guidance on the relationship between the opt-in collective action mechanism of the Fair Labor Standards Act (“FLSA”), 29 U.S.C. § 216(b), and the opt-out class action mechanism of Rule […] The post The Third Circuit Races to Clarify the Interaction of FLSA and Rule 23 appeared first on Ellis & Winters LLP ..read more

Class-action litigation is rife with obvious hazards such as potentially huge exposure and unique procedural rules.  Class actions are also riddled with hidden traps:  lesser-known rules and evolving doctrines that can trip up the unsuspecting attorney.  We point out some traps so that you can leap over, run around, and/or […] The post Swinging Blades, Tripwires, and Zombies, <em>inter alia</em>: the Adventurer’s Guide to Hidden Hazards in Class-Action Defense appeared first on Ellis & Winters LLP ..read more

Like most of us, three small business owners from Winston-Salem, North Carolina are unhappy about the effects of the Coronavirus on the health and economic prospects of North Carolina’s citizens.  Taking matters into their own hands, in Patella v. People’s Republic of China, No. 1:20-cv-00433 (M.D.N.C. May 15, 2020), the three Winston-Salemites […] The post Class Actions 101, and Some Tips for China appeared first on Ellis & Winters LLP ..read more