The Ninth Circuit’s decision in Healy v. Milliman, Inc., No. 24-3327, --- F.4th ----, 2026 WL 71863 (9th Cir. Jan. 9, 2026), carries significant implications for class action defense and litigation strategy across the Ninth...more
Class certification can be a key battleground in class actions. Successful certification of a class often gives plaintiffs leverage in a case, while defendants that successfully oppose class certification may significantly...more
In Healy v. Milliman, Inc., — F.4th —-, 2026 WL 71863 (9th Cir. Jan. 9, 2026), the Ninth Circuit addressed a key Article III standing question left open by the Supreme Court in TransUnion LLC v. Ramirez, 594 U.S. 413 (2021) –...more
Hi TCPAWorld! Defendant just scored a huge victory with a Court affirming a denial of class certification in their lawsuit. In Brian J. Lyngas, D.D.S., P.L.L.C., v. IQVIA, INC., 2025 WL 3565507 (E.D. PA Dec 12, 2025),...more
We recently discussed in an article for Law360 the shifting landscape across the country regarding the release of wage and hour claims. On October 16, 2025, in a unanimous decision, the Third Circuit weighed in on the issue,...more
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
The Third Circuit held that Section 216(b) of the FLSA does not prohibit the release of FLSA claims in an opt-out class-action settlement. Settling “hybrid” cases in the Third Circuit just became easier for parties...more
In a decision issued on September 30, 2025, an Arizona district court reinforced the importance of a key defense for companies facing Telephone Consumer Protection Act (TCPA) claims arising from communications with customers....more
On October 16, 2025, in a matter of first impression, the U.S. Court of Appeals for the Third Circuit held in Lundeen v. 10 West Ferry Street Operations LLC d/b/a Logan Inn,1 that the Fair Labor Standards Act’s (FLSA) opt-in...more
A recent North Carolina Supreme Court decision, Jackson v. Home Depot U.S.A., Inc., 919 S.E.2d 199 (N.C. 2025), highlights the importance of choice of law issues underlying putative class actions....more
In a closely watched case with major implications for class action litigation, the U.S. Supreme Court sidestepped a long-simmering legal question: Can a class be certified if it includes members who suffered no injury? On...more
The U.S. Supreme Court last week declined to resolve a potentially landmark issue in class action law. In the closely watched case of Laboratory Corporation of America Holdings v. Davis, the Court delivered a per curiam...more
The Supreme Court of the United States issued six decisions today: Ames v. Ohio Dept. of Youth Services, No. 23-1039: This case addresses whether majority-group plaintiffs are held to a heighted evidentiary standard in...more
The United States Supreme Court has granted certiorari in Laboratory Corporation of America Holdings v. Davis. The case raises a pivotal question: Can a federal court certify a Rule 23(b)(3) damages class when some proposed...more
On January 24, 2025, the U.S. Supreme Court agreed to answer a hotly contested question in class action litigation: “Whether a federal court may certify a class action pursuant to Federal Rule of Civil Procedure 23(b)(3) when...more
For the second time, a New York federal district judge denied a motion for class certification filed by caustic soda purchasers, ruling that the plaintiffs had failed to meet the predominance requirement under Federal Rule of...more
In July 2024, the Fourth Circuit affirmed the denial of class certification for a group of Chinese investors who were allegedly duped into entering a Ponzi-like investment scheme to purchase two dozen golf courses and other...more
On April 15, 2024, the United States Supreme Court declined certiorari in the case of National ATM Council, Inc. v. Visa Inc. The central issue raised in the petition was the depth of analysis a court must conduct at the...more
The Middle District of Tennessee recently denied a motion for class certification for a group of dental providers in a suit against SmileDirectClub (“SmileDirect”). Ciccio v. SmileDirectClub, LLC, No. 3:19-CV-00845, 2024 WL...more
Takeaway: Class certification of damages claims frequently turns on whether individual issues predominate over common issues under Federal Rule 23(b)(3). Class plaintiffs facing predominance problems may attempt to circumvent...more
The full text of each summary can be found below through the Table of Contents links. Highlights from this issue include...more
The Eleventh Circuit’s recent ruling in In re Brinker Data Incident Litigation (“Brinker”) is the first time that a federal circuit court has ruled on a lower court’s grant of class certification in a data breach class action...more
The 2023 Carlton Fields Class Action Survey found that the second most successful class action defense is the lack of any actual injury suffered by some or all of the class. It also found that this defense made a big jump in...more
A sometimes-overlooked aspect of class action law is how class certification rules interact with the Rules Enabling Act, which provides that rules of procedure and evidence “shall not abridge, enlarge or modify any...more
Rule 23 does not explicitly require that a court be able to determine who the members are before certifying a class. But judges have found implicit in the Rule a requirement that membership in a defined class be...more