Posts from December 2017.
Placeholder Class Cert Motions No Longer Needed
By:
Jurisdiction: Western District of North Carolina
Topics: Jurisdictional Issues, Standing/Mootness
We have commented before in this space about using offers of judgment to “pick off” the named plaintiff in a class action case, a tactic the Supreme Court addressed in Campbell-Ewald v. Gomez, 136 S. Ct. 663 (2016). There, the Supreme Court held that an unaccepted offer of judgment does not moot the case, at least where the defendant hasn’t actually deposited the money comprising the offer in an account payable to the plaintiff. The unsettled jurisprudence in this area has led to some strange procedural wrangling in the lower federal courts. Judge Conrad dealt with one such ...
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Recent Filings – November Digest
By:
Jurisdiction: Other
Topics: Recent Filings

Not every class action court filing in North and South Carolina becomes a full-length post on our blog. Here is a recap of November's filings: Fox, et al. v. SCANA Corporation, et al.; No. 3:17-cv-03063 (D.S.C. November 10, 2017) (previously reported similar action brought by customers of SCANA: this putative class action is brought under federal securities laws by holders of securities of SCANA who allege defendant released false and misleading documents and statements regarding a nuclear construction project in Fairfield County thereby causing them financial harm) Ridgeway ...

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Court Denies Attempt to Recast ERISA Class Action as a Derivative Claim
By:
Jurisdiction: District of South Carolina
Topics: Class Representatives, Employment

According to the Company website, “Piggly Wiggly has been bringing home the bacon for millions of American families for over 100 years.” But a putative class of former employees of Piggly Wiggly filed a class action complaint in the District of South Carolina, asserting various claims under ERISA pertaining to the Company’s employee stock ownership plan. The claims include allegations pertaining to excessive compensation, “gross mismanagement,” concealing of financial losses from participants, and various “insider dealings.” Spires v. Schools, No. 2:16-616 ...

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Class Actions Brief is your source for analysis of class action developments in federal and state judicial systems nationwide. Our attorneys use their experience representing clients both in and against class actions to provide fresh takes and commentary on what is happening in our courts today.

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