While the U.S. Court of Appeals for the Fourth Circuit’s recent class action decision in Trauernicht v. Genworth Financial Inc., No. 24-1880, – F.4th –, 2026 WL 667917 (4th Cir. Mar. 10, 2026), involves an ERISA retirement plan, the decision is useful well beyond that context. The decision highlights that: (1) mandatory (no opt-out)
Fourth Circuit
Pendent Appellate Jurisdiction in Class Actions Addressed by Fourth Circuit
By Wystan Ackerman on
Posted in Class Action Fairness Act
When a class certification decision overlaps with merits issues, can a court of appeals deciding an interlocutory appeal from a class certification order also review an earlier decision on a motion to dismiss if it was integral to the class certification order? Yes, according to a new Fourth Circuit decision.
Local Controversy Exception to Class Action Fairness Act Addressed By Fourth Circuit
By Wystan Ackerman on
Posted in Class Action Fairness Act
One of the exceptions to federal jurisdiction under the Class Action Fairness Act (“CAFA”) is known as the “local controversy exception.” It requires a federal district court to decline to exercise jurisdiction where more than two-thirds of the proposed class members are citizens of the state where suit was filed, the principal injuries occurred in …
Attorneys General and the Class Action Fairness Act: When Are Attorney General Suits “Class Actions”? Fourth Circuit Weighs In
By Wystan Ackerman on
Posted in Class Action Fairness Act
When a state attorney general files a lawsuit that is not expressly pled as a class action, but the suit seeks a recovery on behalf of consumers that would put money in their pockets just like a class action, is that a “class action” within the meaning of the Class Action Fairness Act (CAFA)? The…