North Carolina Business Litigation Report

Wilbanks v. Laboratory Corp. of America, April 15, 2003 (Tennille)(unpublished)

The Court approved a voluntary dismissal of a class action, pre-certification, without notice to class members. There was a separate class action which had been settled in California, which bound the class members. The Court determined that "[s]ending a class notice regarding dismissal of this action would be costly, time-consuming, and confusing." Court approval of the dismissal of a class action is required, even if the class has not been certified.

Full Opinion

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Mack Sperling
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