Alexander v. DaimlerChrysler Corp., 2002 NCBC 2 (N.C. Super. Ct. Feb. 19, 2002)(Tennille)

The plaintiffs moved, before class certification, to withdraw their allegations seeking class certification. The Business Court ruled that where a complaint is filed containing class action allegations and claims, those class claims may not be withdrawn, whether by voluntary dismissal, amendment to the complaint or simple failure to pursue class certification without court approval under Rule 23(c). The Court noted that class plaintiffs owe a fiduciary duty to absent class members, and class counsel owe those same fiduciary duties. The court found that notice of dismissal of the class claims would be required and required the submission of notice plans.

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