MVA Litigation Blog
Tony Lathrop
U.S. Supreme Court Limited Authority to Remove Class Actions to Original Defendants, Third-Party Counterclaim Defendants May Not Remove Even Under CAFA
A defendant by any other name does not smell as sweet when it comes to removing class actions from state court to federal court, even under the Class Action Fairness Act of 2005 (“CAFA”). Congress passed CAFA to address perceived abuses in class action litigation and to provide an avenue for defendants to remove class … Continue reading
U.S. Supreme Court Said “No” to Class Arbitration in Employment-Related Data Breach Dispute Because Arbitration Agreement Ambiguous on Class Procedures
The U.S. Supreme Court issued two 5-4 decisions in as many months regarding class procedures. Lamp Plus, Inc. v. Varela, 587 U. S. ____ (2019) was favorable to corporate defendants by limiting the availability of class arbitration when the arbitration agreement is ambiguous, while Home Depot U.S.A., Inc. v. Jackson, 587 U. S. ____ (2019) … Continue reading
New Charlotte Transit Oriented Development Regulations Approved, What’s Next?
NEW TRANSIT ORIENTED DEVELOPMENT REGULATIONS APPROVED, WHAT’S NEXT? (May 2019): The City of Charlotte has revamped its approach to Transit Oriented Development (TOD) as an initial step in the process of transforming the city into a liveable one that provides transportation options for all residents to access employment, services, and housing. As Chair of the … Continue reading
No Standing to Sue, No Class Action Settlement – U.S. Supreme Court Remands Cy Pres Settlement Case Without Reaching the Merits
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
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
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
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
Drilling into Charlotte’s Transit Oriented Development (TOD) – Final Public Draft Available for Review
DRILLING INTO CHARLOTTE’S TRANSIT ORIENTED DEVELOPMENT (TOD) – FINAL PUBLIC DRAFT AVAILABLE FOR REVIEW (Oct. 2018): 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, … Continue reading
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
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
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