• Posts by Caleb J. Holloway
    Attorney
    | 704.377.8151

    Caleb Holloway understands that clients need to weigh their options and risks quickly and without legal jargon. A simple answer to a complex question. A creative solution to a confounding situation. A calming demeanor in a stressful ...

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No Glue in the Classroom: A Commonality Conundrum
By: and
Jurisdiction: Fourth Circuit
Topics: Commonality, Commonality/Predominance

Glue is an object commonly found in schools, yet the “glue” that binds class action commonality appears to be a scarce commodity for students with disabilities and their parents. In September 2024, the Fourth Circuit decided that students with disabilities in Kanawha County, West Virginia, had suffered harms too individualized to be addressed together as a class.[1]

This ruling reversed the trial court’s class certification decision, a ruling by Judge Irene Berger (S.D.W.Va.), who had found commonality among the students in that all had allegedly experienced harm through ...

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