It is one thing for a federal trial court to decide, based on precedent and Rule 23, whether a class of individuals can be allowed – consistent with the principles of due process – to assert claims against a defendant. But it is another – entirely – to contemplate an arbitrator making those decisions: “class arbitration” can send chills down the spine of even the most seasoned defense lawyer. In NCR Corp. v. Jones, No. 3:15-cv-444 (Jan. 5, 2016), Judge Cogburn had to decide whether the parties’ arbitration agreement – which was silent on the subject – permitted class ...
Not every class action court filing in North and South Carolina becomes a full-length post on our blog. Here is a recap of December's filings:
Hughes v. Bank of America N.A., No. 7:15-cv-05083 (D.S.C. December 30, 2015) (notice of removal of class action on behalf of borrowers alleging that Bank of America enrolled borrowers in and charged borrowers for an insurance protection plan without the borrowers’ consent in violation of the Truth in Lending Act and state law).
Hall v. Higher One Machines Inc., et. al., No. 5:15-cv-00670 (E.D.N.C. December 28, 2015) (asserting Fair Labor ...
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