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The lawyers at Ellis & Winters provide legal services to more than 30 members of the Fortune 500. With offices in Raleigh and Greensboro, the firm…
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Ellis & Winters LLP | USA | 27 Feb 2024

The Profits Are in the Corners: Exploring the Similarities and Differences Between Rule 23 of the South Carolina Rules of Civil Procedure and Federal Rule 23

Whether bringing or defending a class action in South Carolina state court, counsel should closely analyze Rule 23 of the South Carolina Rules of…
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Ellis & Winters LLP | USA | 26 Jan 2024

Revisiting Issue-Class Certification: Medical Transport Plaintiffs Drive Disagreement in D.C.’s Federal Courts; Could Supreme Court Be Next Destination?

Could issue-class certification soon be headed to the Supreme Court? In late December, a D.C. medical transportation company defending a wage and hour…
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Ellis & Winters LLP | USA | 9 Jan 2024

When Precedent Isn’t Enough: The Importance of the Grounds for Appellate Review in Substantial Right Appeals of Interlocutory Orders

A story as old as time. Employee meets employer. Employee signs non-compete. Employee works for employer. Employee quits working for employer…
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Ellis & Winters LLP | USA | 13 Dec 2023

The Eleventh Circuit Speaks Firmly on Calculating Attorneys’ Fees: Look to the Local Community and Mind Your Multipliers

After deciding the parties’ summary judgment motions, the U.S. District Court for the Middle District of Florida referred the calculation of…
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Ellis & Winters LLP | USA | 30 Nov 2023

That Don’t Impress Me Much! Recent Eleventh Circuit Decision Weighs in on Whether Paying Off a Class Can Moot a Class Action, with Fourth Circuit Law Remaining Inconclusive.

While perhaps rare, directly paying off a named plaintiff and putative class members before class certification is one tactic for potentially nipping…
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Ellis & Winters LLP | USA | 20 Oct 2023

Incentive Awards Update: Three Years After Johnson, Courts Decline to Follow the Eleventh Circuit

In 2020, the Eleventh Circuit broke ranks with decades of precedent from nearly every Federal Circuit by holding that incentive awards in class…
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Ellis & Winters LLP | USA | 27 Sep 2023

Section 75-1.1 Liability for Self-Dealing

Today’s post examines two recent decisions from the North Carolina Business Court, Vanguard Pai Lung, LLC v. Moody and Langley v. Autocraft, Inc…
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Ellis & Winters LLP | USA | 19 Sep 2023

Without a Reasonable Stout: Court of Appeals Holds Bars have Right to Earn a Living

Mandatory lockdowns enacted across North Carolina during COVID-19 fermented intoxicatingly interesting questions surrounding the scope and breadth of…
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