We have been following the Frank v. Gaos, 586 U. S. __ (2019) class action case, which presented an opportunity for the U.S. Supreme Court to determine the limits on the use of the cy pres doctrine in the context of class action settlements to distribute damages paid by a defendant company to entities other than the plaintiff class. On … Continue reading →
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No Standing to Sue, No Class Action Settlement – U.S. Supreme Court Remands Cy Pres Settlement Case Without Reaching the Merits
category: Litigation Law Blog
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Charlotte’s Transit Oriented Development Revision in Full Swing with Upcoming Public Hearing
CHARLOTTE’S TOD REVISION IN FULL SWING WITH UPCOMING PUBLIC HEARING (Jan. 2019): The Charlotte Department of Planning, Design & Development (Planning Department) is facilitating the transformation of the city into “a vibrant LIVEABLE CITY where all residents of all income levels have convenient transportation access to employment[,] services and housing options.” The revision of Charlotte’s … Continue reading →
category: Litigation Law Blog
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What About the Merits – What, If Anything, Will the Supreme Court Do With Cy Pres-Only Class Action Settlements?
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 agreement which called for distribution of all funds paid by the defendant directly … Continue reading →
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Standing in the Way of a Supreme Court Decision on Cy Pres-Only Class Action Settlements
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 someone…or has it evolved simply into a mechanism for plaintiffs’ attorneys to collect fees? These are several of … Continue reading →
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Drilling into Charlotte’s Transit Oriented Development (TOD) – Final Public Draft Available for Review
Several months ago, Charlotte’s Planning Director Taiwo Jaiyeoba charted a new course for drafting Charlotte’s Unified Development Ordinance (CLTUDO). We are now undertaking the development of a comprehensive vision plan for the City, with hopes of substantial community engagement, while work on the CLTUDO drafting process continues simultaneously. Comprehensive Plan development kicked off September 2018 … Continue reading →
category: Litigation Law Blog
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How Much is that Disclosure Worth? NC Business Court Curbs Attorney Fee Award in Shareholder Disclosure-Only Class Action
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 the merger. These “disclosure-only” settlements have proliferated in recent years, drawing criticism, in part, due to questions regarding the materiality of any additional disclosures … Continue reading →
category: Litigation Law Blog, North Carolina
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Has Cy Pres Gone Too Far: U.S. Supreme Court to Consider When Class Action Plaintiffs Get Nothing, but Their Lawyers and Charities Cash-In Via Plaintiffs’ Settlement
There has been a lot of discussion surrounding class action litigation over the course of the last several years. The U.S. Supreme Court has tackled a variety of issues ranging from the use of class action waivers in arbitration agreements to whether class action plaintiffs can base claims solely on statutory damages when they have … Continue reading →
category: Litigation Law Blog, U.S. Supreme Court
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U.S. Supreme Court Says “No” to Plaintiff Attempts to File Repetitive Class Actions After Statute of Limitations Has Run Out
It is easy to overgeneralize the outcome of a legal dispute as pro-plaintiff or pro-defendant to paint a picture of which way a court is leaning and who is finding favor. This week, the U.S. Supreme Court issued its second class action decision in as many months that is favorable for defendant companies. No doubt … Continue reading →
category: Litigation Law Blog, U.S. Supreme Court
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A Split U.S. Supreme Court Upholds Class Waivers in Individual Employment Agreements, Highlighting the Role of Congress in the Class Waiver Fight
The viability of class waivers in employment agreements has been a closely watched battle in the courts since the National Labor Relations Board (NLRB) ruled in D. R. Horton, Inc. and Michael Cuda, Case 12–CA–25764, 357 NLRB No. 184 (2012) that class waivers in individual employment agreements violate the National Labor Relations Act (NLRA) by preventing employees … Continue reading →
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Inside Development of the CLTUDO: Casting a New Vision for Charlotte
INSIDE DEVELOPMENT OF THE CLTUDO: CASTING A NEW VISION FOR CHARLOTTE (May 18, 2018) – The Charlotte Mecklenburg Planning Department and the Charlotte Unified Development Ordinance (CLTUDO) Advisory Board have continued the meticulous work of transforming the City’s old zoning and land use ordinances into one unified ordinance, while making efforts to engage with stakeholders … Continue reading →
category: Litigation Law Blog
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