In In re: Crop Inputs Antitrust Litigation, No. 24-3104, the Eighth Circuit affirmed the dismissal with prejudice of an antitrust class action alleging that suppliers of seeds, pesticides, and other agricultural inputs conspired to refuse to sell their products to
Inside Class Actions
The latest developments and trends affecting class actions
Inside Class Actions, published by Covington & Burling LLP, focuses on developments and legal issues in class action litigation. The blog covers topics such as multidistrict litigation (MDL) procedures, class certification challenges, predominance and ascertainability standards, consumer protection class actions, antitrust class actions, and state and federal regulatory impacts on class litigation. It discusses recent court decisions affecting class action strategies, including evidentiary and procedural requirements, damages modeling, and preemption issues under federal statutes. The blog provides insights relevant to litigators, corporate counsel, and policymakers involved in complex class action and mass tort cases.
Latest from Inside Class Actions - Page 4
Wiretapping Suit Meets Triple Defeat: No Standing, Consent Established, Class Allegations Rejected
By Rachel Lia & Steve Petkis
Continuing the trend of early dismissals in website wiretapping cases, a California federal court has dismissed a putative class action challenging the use of third-party pixel technology on nonprofit food bank websites. Timothee v. Meta Platforms, Inc., No. 25-CV-05106-LB, 2026…
One Plan, Many Accounts: Fourth Circuit Slams the Door on Mandatory ERISA Classes in Defined Contribution Cases
In Trauernicht v. Genworth Financial, Inc., 169 F.4th 459 (4th Cir. 2026), the Fourth Circuit delivered a significant win for defendants facing ERISA class actions. Reversing a district court’s certification order, the court held that claims under ERISA § 502(a)(2)…
Overpayment Claims Don’t Always Fly: The Fifth Circuit on Article III Standing
Plaintiffs in consumer class action lawsuits often assert a theory of harm based on an alleged overpayment. The typical claim is that a plaintiff bought a good or service that had some alleged defect or was subject to some misrepresentation,…
Prominent Arbitration Clause Signage Precludes Parking Lot Class Action
A federal court in Colorado recently confirmed that a conspicuous arbitration clause may preclude a consumer from prosecuting class claims in court even if the consumer did not affirmatively and expressly consent to the clause.…
Another Court Dismisses Website Privacy Suit for Lack of Article III Standing
Adding to a growing body of case law following the Ninth Circuit’s decision in Popa v. Microsoft Corporation, a California federal court has dismissed for lack of subject matter jurisdiction a privacy suit against a news website, holding that the…
Sensitive Search Terms Not Enough To Establish Article III Standing Under Popa
By Divya Bhat & Matthew Verdin
A recent decision from the Southern District of California underscores a point courts have made increasingly clear after the Ninth Circuit’s precedential decision in Popa v. Microsoft: alleging the disclosure of online activity—even activity touching on sensitive health topics—is not…
Seventh Circuit Holds that BIPA Amendment Applies Retroactively
In a new post on the Inside Privacy blog, our colleagues discuss the Seventh Circuit’s recent Clay v. Union Pacific Railroad Company holding that a 2024 amendment to the Illinois Biometric Information Privacy Act (BIPA) limiting damages to a…
Stand Aside: Third Circuit Throws Out Harriet Carter Gifts Federal Wiretapping Case On Standing Grounds
By Marc Capuano
We have routinely highlighted the proliferation of wiretapping class actions, and the variety of approaches courts have taken to address them. One common pitfall for plaintiffs in these types of cases is standing, an issue highlighted in a recent Third…
Federal Circuit Agrees with Majority View on Class Representative Incentive Awards
We previously covered the Eleventh Circuit’s decision to deny rehearing in Johnson v. NPAS Solutions, LLC, 2022 WL 3083717 (11th Cir. Aug. 3, 2022), which had held that district courts may not approve incentive awards for class representatives in class…