The Ninth Circuit held that pursuant to TransUnion LLC v. Ramirez, 594 U.S. 413 (2021), following class certification, both named and unnamed class members in a money damages suit must present evidence of standing at summary...more
3/2/2026
/ Appellate Courts ,
Appellate Review ,
Attorney's Fees ,
Class Action ,
Class Certification ,
Client Representation ,
FRCP 23 ,
Legal Ethics ,
Settlement ,
Split of Authority ,
Standing ,
Statutory Interpretation ,
Summary Judgment
Highlights from this issue include: Numerosity Requirement for Settlements. The U.S. District Court for the Northern District of West Virginia denied a motion for final approval of a class action settlement against the City...more
2/3/2026
/ Class Action ,
Class Certification ,
Evidence ,
FRCP 23(a) ,
Municipalities ,
Numerosity ,
Putative Class Actions ,
Robocalling ,
Settlement ,
Settlement Agreements ,
TCPA ,
Telemarketing
Highlights from this issue include: Class Action Fairness Act Jurisdiction. The Ninth Circuit held that a plaintiff’s decision to remove class allegations after a case is removed from state court to federal court deprives the...more
12/23/2025
/ Appellate Courts ,
Ascertainable Class ,
CAFA ,
Class Action ,
Class Certification ,
Equitable Tolling ,
Federal Court Litigation ,
Federal Rules of Civil Procedure ,
Jurisdiction ,
Removal ,
Statute of Limitations ,
Tolling
Highlights from this issue include: District Court Jurisdiction and Rule 23(f) Appeals. The Fifth Circuit held the filing of a Rule 23(f) petition does not divest the district court of jurisdiction to withdraw and reissue a...more
11/18/2025
/ Appeals ,
Appellate Courts ,
Class Action ,
Class Certification ,
Fair Labor Standards Act (FLSA) ,
FRCP 23 ,
FRCP 23(b)(3) ,
FRCP 23(f) ,
Interlocutory Appeals ,
Jurisdiction ,
Opt-Outs ,
Settlement ,
Statutory Interpretation
Highlights from this issue include: Class Action Fairness Removal. The Ninth Circuit held that if a plaintiff files a lawsuit in state court seeking only equitable relief and the case is properly removed to federal court, a...more
A highlight from this issue includes: Class Action Fairness Act. The Fourth Circuit held: (1) for purposes of CAFA’s local-controversy exception, the term “citizen” carries the same meaning as it does for diversity...more
The full text of each summary can be found below through the Table of Contents links. Highlights from this issue include: Uninjured Class Members. The Supreme Court had originally granted a writ to decide whether federal...more
8/15/2025
/ AARP ,
Americans with Disabilities Act (ADA) ,
Appellate Courts ,
Article III ,
Ascertainable Class ,
Class Action ,
Class Certification ,
Constitutional Challenges ,
Coronavirus/COVID-19 ,
Department of Health and Human Services (HHS) ,
Fair Housing Act (FHA) ,
Fraud ,
FRCP 23 ,
FRCP 23(b)(2) ,
Injunctions ,
Predominance Requirement ,
SCOTUS ,
Settlement ,
Uninjured Class Members ,
Venezuela
Immigration.
There were many decisions by classes seeking certification of habeas claims related to President Donald Trump’s invocation of the Alien Enemies Act that reached different decisions on whether to certify...more
6/24/2025
/ Appeals ,
CAFA ,
Class Action ,
Class Certification ,
Employees ,
Employment Litigation ,
Federal Labor Laws ,
Habeas Corpus ,
Immigrants ,
Immigration Reform ,
Labor Law Violations ,
Trump Administration ,
Unpaid Overtime ,
Wage and Hour
Highlights from this issue include Rule 23(b)(3) Damages....more
Mootness and the Inherently Transitory Exception. The Sixth Circuit held that when analyzing a putative class action, the “inherently transitory” exception to the mootness doctrine applies when (1) the injury is so transitory...more
A highlight from this issue includes Class Definitions....more
Highlights from this issue include cases such as Pro Se Civil Rights Class Actions. The Seventh Circuit affirmed that a pro se prisoner cannot adequately represent a class, and more....more
2/14/2025
/ Appeals ,
Appellate Courts ,
Article III ,
Civil Rights Act ,
Class Action ,
Class Members ,
Damages ,
Pro Se Litigants ,
Standing ,
TCPA ,
TransUnion LLC v Ramirez
A highlight from this issue includes: Unique Defenses Specific to the Named Plaintiff....more
In a question of first impression, the Seventh Circuit joined the Second, Third, Fourth, Sixth and Ninth Circuits—and disagreed with the Fifth Circuit—and held that a party seeking certification of an issue class under Rule...more
Individuals with Disabilities Education Act (IDEA)....more
Standing. The D.C. Circuit held that plaintiffs do not have Article III standing to appeal an adverse class certification decision after those individual plaintiffs prevail in their individual suit....more
Standing. The Fifth Circuit declined the opportunity to determine whether it would follow the “class certification” or the “standing” approach to standing....more
Appellate Rights. The Eleventh Circuit held that if a putative class member intervenes in a case after class certification is denied and after a Rule 23(f) petition is denied, that class member cannot appeal the denial of...more
Class Action Settlements. The Tenth Circuit held that in determining how to calculate attorneys’ fees and...more
Predominance and Classwide Damage Models. The Ninth Circuit held that class action plaintiffs may rely on a reliable though not-yet-executed damages model (in this case a proposed but not done conjoint analysis) to...more
Class Action Fairness Act (CAFA) Jurisdiction. The Fifth Circuit held as a matter of first impression that the term “principal injuries” in the CAFA’s local controversy exception “qualitatively and comparatively evaluates the...more
Communications with Class Members. The Seventh Circuit affirmed the district court awarding attorneys’ fees and civil sanctions against defendants for encouraging class members to opt-out during the class notice period....more
Federal appellate court decisions can provide class action practitioners a wealth of practice tips, Shook Partner Mitch Engel wrote in Law360. Engel authored “Class Actions at the Circuit Court: February Lessons,” his first...more
Highlights from this issue include: Ascertainability. The Fourth Circuit reiterated that it imposes an implicit “ascertainability” requirement pursuant to which a class cannot be certified unless a court can readily identify...more
Attorney Cannot Serve As Both Class Representative and Counsel. The Second Circuit affirmed the denial of class certification in a case brought against the Government of England asserting injuries arising from the lasting...more