Lupton v. Blue Cross and Blue Shield of North Carolina, 1999 NCBC 3 (N.C. Super. Ct. June 14, 1999)(Tennille) By Mack Sperling on March 1, 2008 Posted in Class Actions A class action plaintiff may not take a voluntary dismissal of its action pursuant to Rule 41 of the North Carolina Rules of Civil Procedure without obtaining Court approval, even if the class has not yet been certified. Full Opinion