Class Actions Brief Blog

In an “opt out” class action, sending notice to class members following class certification is not only routine, but required by due process. But does a district court have the right to order notice prior to a decision on class certification? In Gardener v. GMAC, Inc., No. 14-208 (4th Cir. Aug. 6, 2015), both the district court and the Fourth Circuit “assumed for the sake of argument” that Rule 23(d)(1)(B) provides the trial court with that authority. But each declined to accept the plaintiffs' argument that the facts warranted such notice. Observing that pre-certification ...

Late last year, we explained the tricky statute of limitations issues that can arise regarding “cross-jurisdictional class action tolling.” The issue arose in some of the many Pella window cases pending before Judge Norton in the District of South Carolina. Those cases have now raised several more interesting timeliness issues—when plaintiffs can consolidate pending cases to avoid dismissal on timeliness grounds, and when a failure to move for certification waives class claims.

In October of last year, the Judicial Panel on Multidistrict Litigation (JPML) transferred ...

Not every class action court filing in North and South Carolina becomes a full-length post on our blog. Here is a recap of July's filings:

Alexander v. Pella Corporation, No. 15-1828 (4th Cir. July 28, 2015) (docketing appeal from Order dismissing claims as untimely because cross-jurisdictional class action tolling did not apply and class members were not unnamed members of earlier suit and their claims did not relate back to the earlier complaint)

Presson v. DARA BioSciences, Inc., et. al., No. 15-CVS-9775 (Wake County Super. July 27, 2015) (putative class action on behalf of ...