A recent Ninth Circuit decision held that both named and unnamed class members in a class seeking monetary damages must come forward with sufficient evidence of Article III standing at the summary judgment stage—not merely at a later claims or distribution process. This gives defendants a powerful tool in defending class actions after they are
Class Action & Mass Torts
Consumer Deception and Price Inflation Case: Eighth Circuit Reverses Class Certification Based on Individualized Issues
If, like me, you grew up during (or otherwise lived through) the 1980s, you’ll recall the ever-present jingle “The best part of wakin’ up is Folgers in your cup” (and perhaps some creative modifications thereof by the children and teens of that era). My grandmother preferred Folgers, clipping coupons for it when available, and her…
Ninth Circuit Says Post-Removal Amendment Deleting Class Allegations Destroys Federal Jurisdiction Under CAFA
When a class action is removed to federal court under the Class Action Fairness Act (CAFA), plaintiffs sometimes amend their pleadings to try to defeat federal jurisdiction. The recent U.S. Court of Appeals for the Ninth Circuit decision in Faulk v. JELD-WEN, Inc., 2025 WL 3183012 (9th Cir. Nov. 14, 2025), addresses how post-removal…
Appeal Bonds: A Strategic Tool in Appeals of Class Action Settlements
When a class action settlement is objected to and subsequently approved by the court, objectors sometimes appeal, which can substantially delay the settlement process including distribution of settlement funds to class members. To mitigate the risks and costs of such delays, parties to the settlement can ask the court to require objectors to post an…
Advisory Committee on Federal Civil Rules Considering Potential Amendments to Class Action Rule and Potential Third-Party Litigation Funding Rule
At a recent meeting, the Advisory Committee on Civil Rules of the Judicial Conference of the United States discussed, at an early stage, potential amendments to the federal class action rule, as well as a potential rule requiring disclosure of third-party litigation funding. No specific proposed amendments are before the committee at this stage (see…
Ninth Circuit Finds Class Certification Inappropriate in Case Involving Projected Sold Adjustments on Auto Insurance Total Losses
A recent Ninth Circuit decision reconciled other decisions within that circuit involving auto insurance total losses, concluding that individual questions predominated and therefore affirming the district court’s denial of class certification. The dissent, however, called for en banc review, suggesting that an intra-circuit split exists.
In Ambrosio v. Progressive Preferred Insurance Company, – F.…
How Will Trump v. CASA, Inc. Affect Class Certification Law?
The Supreme Court’s recent decision in Trump v. CASA, Inc., –– S. Ct. ––, 2025 WL 1773631 (U.S. June 27, 2025), restricting the use of “universal injunctions” by federal district courts, is receiving extensive attention regarding how it may affect the litigation challenging various executive orders and actions of President Trump. From the perspective…
Data Breach Class Action Settlement Approval Affirmed by Ninth Circuit with Attorneys’ Fee Award Reversed and Remanded
Some data breach class actions settle quickly, with one of two settlement structures: (1) a “claims made” structure, in which the total amount paid to class members who submit valid claims is not capped, and attorneys’ fees are awarded by the court and paid separately by the defendant; or (2) a “common fund” structure, in…
Supreme Court to Decide Key Question of Whether Rule 23(b)(3) Class May Be Certified if Some Proposed Class Members Lack any Article III Injury
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 Procedure 23(b)(3) when some members of the proposed class lack any Article III injury.” This has the potential to…
Exceptions to Class Action Fairness Act Jurisdiction Addressed by First Circuit
In class actions involving more than one defendant and at least one local defendant, two exceptions to jurisdiction under the Class Action Fairness Act (CAFA) potentially come into play. The “home state” exception applies if two-thirds or more of the proposed class members and the “primary defendants” are citizens of the state where suit was…