What is the value of the class action mechanism if no redress is provided to plaintiffs at all? Is the class action about providing a remedy to plaintiffs, is it just about getting the defendant company to pay something to...more
11/28/2018
/ Article III ,
Attorney's Fees ,
Briefing Schedule ,
Charitable Organizations ,
Class Action ,
Class Members ,
Cy Pres Funds ,
Data Privacy ,
Disclosure ,
Frank v Gaos ,
Fund Distribution ,
Google ,
Internet Privacy ,
Judgment on the Merits ,
Jurisdiction ,
Oral Argument ,
Search Terms ,
Settlement ,
Standing
We have been talking about Frank v. Gaos, (No. 17-961), since the U.S. Supreme Court decided to tackle the extreme case of the use of the cy pres doctrine in the context of class action cases. The settlement is a cy pres-only...more
11/28/2018
/ Appeals ,
Attorney's Fees ,
Charitable Organizations ,
Class Action ,
Class Members ,
Cy Pres Funds ,
Frank v Gaos ,
FRCP 23 ,
Fund Distribution ,
Judgment on the Merits ,
Oral Argument ,
Standing
Class actions challenging corporate merger transactions often result in settlement agreements in which the only remedy obtained by the plaintiff class is the company defendants’ additional disclosure of information related to...more
8/29/2018
/ Attorney's Fees ,
Business Court ,
Class Action ,
Disclosure-Based Settlements ,
Fee Awards ,
Litigation Fees & Costs ,
Merger Agreements ,
Mergers ,
Non-Disclosure Agreement ,
Settlement Agreements ,
Shareholders
As class action litigation has continued to proliferate, we have seen efforts to rein in the perceived abuses of the system on multiple fronts. Over a decade ago, Congress passed the Class Action Fairness Act of 2005 (CAFA)...more
4/17/2017
/ Ascertainable Class ,
Attorney's Fees ,
CAFA ,
Class Action ,
Class Certification ,
Discovery ,
FRCP 23 ,
Jurisdiction ,
Proposed Legislation ,
Removal ,
Settlement
Rolling into the new year, North Carolina attorneys are on notice that the ability to gain approval of class action settlements and related attorneys’ fees may become more difficult in some cases. In recent years, we have...more
2015 Witnesses Record Securities Class Actions: The National Economic Research Associates, Inc. (NERA) recently released its report, Recent Trends in Securities Class Action Litigation: 2015 Full-Year Review, detailing the...more
3/1/2016
/ Arbitration Agreements ,
Arbitration Awards ,
Attorney's Fees ,
Campbell Ewald v Gomez ,
Class Action ,
Class Representatives ,
Federal Arbitration Act ,
Federal Jurisdiction ,
Justice Scalia ,
NERA ,
Pending Legislation ,
Rule 68 ,
SCOTUS ,
Securities Litigation ,
Spokeo v Robins ,
Tyson Foods v Bouaphakeo
The North Carolina Court of Appeals considered for the first time whether it is legal in a class action settlement agreement for one party to agree to pay the other’s attorneys’ fees and expenses. The court concluded that it...more
10/28/2015
/ American Rule ,
Appeals ,
Attorney's Fees ,
Business Court ,
Class Action ,
FRCP 23 ,
Judicial Review ,
Mergers ,
Notice of Appeal ,
Prevailing Party ,
Rules of Professional Conduct ,
Settlement ,
Shareholder Litigation
As a matter of course, a prevailing party cannot recover its attorneys’ fees from an opposing party in North Carolina. But, attorneys’ fees can be awarded if there is specific statutory authority. ...more
Congress v SCtPatent litigation reform has been on the U.S. House Judiciary Committee agenda, with the recent reintroduction of legislation seeking to address patent litigation abuses and a hearing examining recent U.S....more
3/9/2015
/ Affirmative Defenses ,
Appellate Review ,
Attorney's Fees ,
Cisco v CommilUSA ,
Claim Construction ,
CLS Bank v Alice Corp ,
Definiteness ,
Frivolous Lawsuits ,
Good Faith ,
Highmark v. Allcare ,
Induced Infringement ,
Innovation Act ,
Limelight v Akamai ,
Nautilus Inc. v. Biosig Instruments ,
Octane Fitness v. ICON ,
Patent Infringement ,
Patent Litigation ,
Patent Reform ,
Patent Trolls ,
Patent-Eligible Subject Matter ,
Pleadings ,
SCOTUS ,
Standard of Review ,
Teva Pharmaceuticals