News & Analysis as of

Class Action

A class action is a type of legal action where a representative individual or group of individuals can bring a claim on behalf of a larger group or class who share a common legal interest.
Troutman Amin LLP

RVM RESOLUTION: POS Solutions Provider National Retail Solutions (NRS) to Pay $6.5MM to Resolve TCPA Class Action Over Ringless...

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The ringless voicemail nightmare continues for TCPA defendants. For years the purveyors of Ringless Voicemail solutions came to market arguing voicemails were not subject to the TCPA. They even had white papers from less...more

Orrick, Herrington & Sutcliffe LLP

Fourth Circuit rules non-signatory can enforce arbitration clause as third-party beneficiary under Delaware law

On May 21, the U.S. Court of Appeals for the 4th Circuit reversed a district court’s denial of a motion to compel arbitration in a putative class action alleging a violation of the Telephone Consumer Protection Act (TCPA)....more

Sheppard

A $1.5+ Million Reminder That Tracking Pixels Come With Legal Risk

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A recent class action settlement involving a video game and DVD retailer serves as a reminder of the risks of the federal Video Privacy Protection Act. The case was brought against DirectToU, a video game and DVD seller and...more

Fisher Phillips

3rd Circuit Offers Clarity on Data Privacy and Replay Code: 3 Proactive Steps for Your Business Following Dual Rulings

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Over the last few years, the plaintiffs’ bar has frequently cited businesses’ use of session replay code (SRC) on websites as one basis for the flood of website tracking litigation against businesses across the country. SRCs...more

Zelle  LLP

Avoid a Clash over Cash: The Perks of Defining Actual Cash Value in a Policy

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Picture if you will a quiet Texas home. It’s unremarkable, cozy, and most importantly for the purposes of this article, insured. All is well at this humble domicile until disaster strikes in one of the many forms that the...more

Benesch

Going Back To The “Well”: Plaintiffs Target Wellness Branding By Attacking Ingredients

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Wellness-forward marketing is under attack. The growing wave of ingredient-level challenges to these marketing claims begs the question: how many of these claims are truly viable and under what circumstances?...more

BCLP

Cyber Litigation in Financial Services: Managing the Evolving Risk

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Cyber incidents are increasingly giving rise to complex, long‑tail litigation risk, particularly for financial services firms. As regulators place growing emphasis on operational resilience, outsourcing governance and...more

Mayer Brown

Emerging Litigation Risks in Private Credit

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Private credit in the United States has grown from roughly $41 billion in 2000 to an estimated $1–$2 trillion today. Some projections anticipate growth globally to $5 trillion by 2029. Funds now compete directly with...more

Troutman Amin LLP

REQUEST DENIED: Rare Procedural Ruling Could be Big Help to TCPA Defendant in Class Action Over Alleged Fake Lead

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Law Conference of Champions IV saw Troutman Amin, LLP partner Brittany Andres take the stage and give an absolutely BRILLIANT discussion of litigation tactics in TCPA class litigation....more

Shook, Hardy & Bacon L.L.P.

Class Action Decisions Published April 2026

Highlights from this issue include: Intervention. The U.S. Court of Appeals for the Ninth Circuit held that after the district court denied a motion to certify a Rule 23(b)(3) damages class,...more

ALTO Litigation

May Securities Litigation Brief: No More No-Deny and Four Rulings Worth Watching

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Developments in securities litigation move fast, and not all of them matter equally. Each month, Alto Litigation curates and summarizes the cases, rulings, and regulatory actions most likely to shape risk and strategy in the...more

Pierce Atwood LLP

District Courts in the First Circuit Issue Notable Early 2026 Arbitration

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District courts in the First Circuit issued several important decisions in early 2026 regarding the enforceability of arbitration provisions and interpreting recent First Circuit precedent. The cases revolved around a variety...more

Klein Moynihan Turco LLP

No Standing for You! Pixel Tracking Lawsuit Dismissed

Our readers are aware that when they surf the internet, their data may be shared via the use of third-party pixel tracking technologies (such as those employed by Meta, Google, and Microsoft, to name a few). As our readers...more

Cooley LLP

Calif. Ruling Lowers Bar For Health Data Breach Claims

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On May 14, the California Supreme Court issued its opinion in J.M. v. Illuminate Education Inc., delivering an important and nuanced ruling for companies that maintain health-related data but do not consider themselves...more

Carlton Fields

Ninth Circuit Holds That FAA Does Not Permit Non-Mutual Offensive Collateral Estoppel to Invalidate Arbitration Agreements

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The Ninth Circuit Court of Appeals has held that arbitrators’ decisions that an arbitration clause is unenforceable may not be used to preclude arbitration in cases involving other plaintiffs in the same putative class action...more

A&O Shearman

Mass claims in Germany: BGH sets new boundaries for bundled antitrust claims - What defendants need to know

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On 12 May 2026, the German Federal Court of Justice (Bundesgerichtshof, BGH) drew the line on how far mass claims aggregation can go (case no. KZR 6/24 – Sammelklage-Inkasso). The case involved bundled cartel damages...more

Herbert Smith Freehills Kramer

Standing, valuation, and certification: Key takeaways from the Sixth Circuit’s en banc decision

On April 24, the en banc U.S. Court of Appeals for the Sixth Circuit decided Clippinger v. State Farm Auto. Ins. Co., 173 F.4th 817. By a vote of 10-7, the court ruled that an insurance dispute about the valuation of totaled...more

Ankura

IEEPA Tariff Refunds: The Real Headache Is Just Beginning

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On April 20, 2026, U.S. Customs and Border Protection (CBP) opened the Consolidated Administration and Processing of Entries (CAPE) portal, allowing importers of record to redeclare entries and seek refunds of International...more

Epstein Becker & Green

Washington Amends CEMA: Plaintiffs Rush to File Actions Before June 11, 2026 Effective Date

A recent amendment to Washington’s Commercial Electronic Mail Act (CEMA), scheduled to take effect on June 11, 2026, has prompted a surge of class action filings....more

K&L Gates LLP

Delaware Delivers Another “Bump-Up Exclusion” Win to D&O Policyholders

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Earlier this year, the Delaware Supreme Court delivered the latest win for policyholders in a string of battles regarding so-called “Bump-Up Exclusions” in directors and officers (D&O) liability insurance policies. The ruling...more

Holland & Knight LLP

Food Delivery Drivers Misclassification Suit Can Proceed in Court

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In a unanimous decision written by Justice Neil Gorsuch, the U.S. Supreme Court held on May 28, 2026, that a worker who transports goods on an intrastate leg of an interstate journey can be exempt from arbitration under...more

Sheppard

Second Circuit Affirms Dismissal of Securities Fraud Complaint Challenging Company’s Risk Disclosures, Distinguishing Prior...

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When does a company’s failure to disclose that a warned-of risk has materialized cross the line into securities fraud? In Smith v. The Gap, Inc., No. 25-1130, 2026 U.S. App. LEXIS 15173 (2d Cir. May 28, 2026), the United...more

Kaufman & Canoles

K&C Sports & Entertainment Law Weekly Roundup - June 2026

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A Disney+ user must arbitrate his claim that ESPN Inc. gave his viewing data to Facebook's parent company Meta without his permission, a Pennsylvania federal judge has ruled, saying federal arbitration law preempts a...more

Polsinelli

The Risks of Rolling Out Arbitration During Active Class Litigation

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Key Highlights - The Ninth Circuit affirmed a district court’s refusal to compel arbitration where an employer rolled out mandatory arbitration agreements during a pending wage-and-hour class action....more

Quarles & Brady LLP

ERISA Fiduciary Duties and Voluntary Benefits: New Litigation Trends

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ERISA’s fiduciary duties are not limited to retirement plans. Fiduciaries of employee welfare benefit plans—including employer-sponsored health and welfare plans that offer voluntary benefits such as accident, critical...more

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