Robinson Bradshaw

Topic: Jurisdictional Issues

Pending Bill Would Permit Interlocutory Appeals of Class Certification Decisions Directly to NC Supreme Court

Governor Cooper vetoed House Bill 239 on April 21, rejecting the General Assembly’s effort to reduce the number of judges on the North Carolina Court of Appeals from 15 to 12. The bill has been quite controversial, and four former North Carolina Supreme Court justices have said it would “seriously harm our judicial system.”  Although the […]

Can a Class Action Proceed when the Named Plaintiff’s Claim Becomes Moot? A Recent View from the North Carolina Business Court

In this post we talk about two of our favorite things (relatively speaking): class actions and mootness.  We last looked at these issues when covering the U.S. Supreme Court’s decision in Campbell-Ewald Company v. Gomez, 136 S. Ct. 663 (2016).  There, the Court rejected the defendant’s attempt to “pick off” the named plaintiff in a […]

Judge Gorsuch’s Class Action Opinions After Shook

Today we continue our analysis of Judge Gorsuch’s class action opinions from the Tenth Circuit in an effort to better understand how he may rule if confirmed for the Supreme Court. Last week, we examined Judge Gorsuch’s decision in Shook v. Board of County Commissioners, and we will take up his remaining class action opinions below. […]

Seventh Circuit Weighs in on Offers of Judgment

In this space, we concentrate on class action decisions in the Carolinas, as well as Fourth Circuit and United States Supreme Court precedent. Occasionally, though, we venture beyond these jurisdictions to highlight issues of particular note, including those where courts are divided. We’ve previously reported here how offers of judgment interact with mootness. In Campbell-Ewald Co. […]

North Carolina Joins the Tsunami Wave of Volkswagen Litigation

Vinson v. Volkswagen Group of America, Inc., No. 1:15-cv-00213 (W.D.N.C. September 23, 2015), a case filed this Wednesday in the Western District of North Carolina, is one of at least twenty-five class actions filed against Volkswagen in courts across the country this week. In addition, at least 27 state attorneys general have launched a multi-state […]

Airline Price-Fixing Litigation Arrives in the MDNC

Cone v. American Airlines Group, Inc., a case filed this Thursday in the Middle District of North Carolina, is one of dozens of antitrust suits filed against the major U.S. airlines in courts across the country in recent weeks. With the addition of North Carolina, suits are now pending in at least seven states and […]

No Second Bite of the Appellate Apple

Rule 23(f) provides an important exception to the “final judgment rule,” and allows interlocutory appeal of class certification decisions. When the district court makes only one “class certification” decision, the application of Rule 23(f) is fairly straightforward. But what happens when the district court – after making an initial class certification ruling – rules on […]