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
The widespread adoption of arbitration agreements with class action waivers began fifteen years ago following the Supreme Court’s decision in AT&T Mobility LLC v. Concepcion. Concepcion held that the Federal Arbitration Act...more
The Private Securities Litigation Reform Act (PSLRA) establishes a process for appointing the lead plaintiff in securities class actions. The statute is silent, however, on the evidentiary standard governing challenges to a...more
On May 19, 2026, Virginia Gov. Abigail Spanberger announced that she intends to veto what would have been Virginia’s first class action statute. Virginia and Mississippi remain the only two states without a class action...more
We have written before about class actions involving disputes about automobile insurers’ valuation of wrecked vehicles deemed a total loss. See, e.g., Seventh Circuit rejects claimed “methodological” duty in reversing class...more
In earlier posts, we’ve discussed a hotly debated topic in class-action law: ascertainability. One of those posts described a case where a procedural hiccup denied the North Carolina Supreme Court a chance to address this...more
There is an evolving landscape of class actions in France. This Insight explores how France’s expanding framework may develop in response to the maturity and influence of the long-established US model as related to labor and...more
Now in its 15th year, the Carlton Fields Class Action Survey provides a long-term perspective on trends, risks, and best practices in managing class action litigation. This year’s report draws on interviews with more than 300...more
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
Facing a $10BB certified TCPA class action, late last year Liberty Home Guard threw up a Hail Mary. It asked the Fourth Circuit Court of Appeals to take an extraordinary interlocutory appeal of the ruling certifying the case...more
While precedential for federal cases only, the Ninth Circuit’s recent decision in Avery v. TEKsystems, Inc. offers a pointed reminder to California employers that rolling out new mandatory arbitration agreements in the middle...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! Lei here with my first blog! And it’s regarding a huge ruling out of the Eastern District of Missouri yesterday, December 9, 2025, in Saggio & Furr v. Medicredit, Inc.—a putative TCPA class action....more
In wage-hour lawsuits, plaintiffs commonly assert claims under both the federal Fair Labor Standards Act (FLSA) and state wage-hour law....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
Recently, a California federal court certified customer-specific subclasses seeking nominal damages for a data breach under a “disclosure of private information” theory of harm. In re Accellion, Inc. Data Breach Litig., No....more
Eastern District of California Judge William B. Shubb certified a class of thousands of former NCAA Division I volunteer coaches who had sued the NCAA for anticompetitive compensation prohibitions. Originally published in...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
At the end of a blockbuster term, the Supreme Court sharply limited the power of federal courts to issue so-called universal injunctions against government actors. The decision in Trump v. CASA (and related cases) did not...more
On June 5, 2025, the U.S. Supreme Court changed course and dismissed the writ of certiorari that it previously had granted in Laboratory Corporation of America Holdings v. Davis, No. 24-304 (U.S. June 5, 2025). In doing so,...more
On June 5, the U.S. Supreme Court dismissed a writ of certiorari as improvidently granted, leaving unresolved a significant question regarding class-action certification under Federal Rule of Civil Procedure 23. The question...more
Takeaway: We have written frequently about the different approaches of the Courts of Appeals when addressing certification of a class that includes uninjured class members. See, e.g., En banc Ninth Circuit reinstates class...more
On February 12, 2025, the Fourth Circuit Court of Appeals affirmed the decision of the United States District Court for the Middle District of North Carolina not to grant class certification in a 17-year-old lawsuit accusing...more
On Friday, the U.S. Supreme Court granted certiorari in Laboratory Corporation of America Holdings v. Davis, No. 24-304, to decide “[w]hether a federal court may certify a class action pursuant to Federal Rule of Civil...more
On December 17, 2024, the United States Court of Appeals for the Fourth Circuit handed down its published opinion in Stafford v. Bojangles’ Restaurants, Inc., 2024 WL 5131108 (4th Cir. 2024). In a rare move, the Fourth...more