Owning a product that might malfunction isn’t enough for Article III standing—the defect must actually manifest. That’s the message from Glasscock v. Sig Sauer, Inc., __ F.4th __, 2026 WL 2054200 (8th Cir. July 16, 2026), where the Eighth Circuit
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California Legislature Advances Bill Targeting Wave of CIPA Pen Register Lawsuits
On July 1, 2026, a California legislative committee advanced amendments to SB 690 that would eliminate private suits asserting website-based “pen register” claims under the California Invasion of Privacy Act (“CIPA”), leaving enforcement exclusively to the California Attorney
Federal Court Dismisses Ultra-Processed Food Addiction Lawsuit for Failure to Plead But-For Causation
A plaintiff’s failure to satisfy basic pleading requirements can be a potent defense to class actions. That was illustrated by a recent Pennsylvania federal court decision granting defendants’ motion to dismiss an amended complaint in a class action alleging that
New Jersey Court Dismisses Complaint in Recalled Drugs Suit for Lack of Article III Standing
Standing remains a powerful defense to putative class actions. Recently, a New Jersey federal court relied on Article III standing to dismiss a lawsuit against Glenmark Pharmaceuticals Inc. alleging that it made false and misleading representations about the safety and
Class Certification Granted in ICE Warrantless Arrest Lawsuit
Courts are increasingly addressing putative class actions aimed at curbing allegedly illegal government conduct. An Oregon federal court recently certified a Rule 23(b)(2) class action in a challenge to alleged ICE warrantless arrest practices, holding that plaintiffs may proceed on
California Court Dismisses Amended Complaint in Hotel Website Wiretapping Suit for Lack of Article III Standing
Recently, a California federal judge dismissed—for the second time—a suit asserting that Sojern, Inc., a travel marketing platform, violated the Federal Wiretap Act and California privacy laws by allegedly deploying “tracking technology” on two hotel websites. Crano v. Sojern,
First Circuit Scrutinizes Causation Issues to Find No Article III Standing in Data Breach Case
The First Circuit recently affirmed a Puerto Rico district court’s ruling dismissing a class action suit arising from a 2019 ransomware attack against a hospital in which 522,493 patients’ personally identifiable information (“PII”) and protected health information (“PHI”) was allegedly
Supreme Court Curtails ATS and TVPA Class Action Lawsuits
In Cisco Systems, Inc. v. Doe, the Supreme Court held that federal courts cannot create new causes of action under the Alien Tort Statute for violations of international law and that the Torture Victim Protection Act does not provide
Non-Statistical Evidence in No-Poach Antitrust Litigation Not Enough to Certify Class, Says Illinois Court
In In re Outpatient Medical Center Employee Antitrust Litigation, 2026 WL 1678954,the Northern District of Illinois recently refused to certify a proposed class of healthcare employees who alleged that their employers entered into a “no-poach agreement” that prohibited them from
Fourth Circuit Vacates Grant of Class Certification for Lack of Commonality and Predominance
The Fourth Circuit recently vacated a district court’s grant of class certification based on a lack of commonality and predominance. See Overby v. Anheuser-Busch, LLC, 2026 WL 1718962 (4th Cir. June 15, 2026). The plaintiffs sought to represent a class