Recently, a California federal court granted summary judgment for defendant Eating Recovery Center (“ERC”) on a plaintiff’s California Invasion of Privacy Act (“CIPA”) § 631(a) wiretapping claim, joining other California federal courts that have granted summary judgment on CIPA claims
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 8
High Price of Dissent: Court Upholds Substantial Bond on Objectors To The In Re: East Palestine Train Derailment Class Action Settlement
In 2023, a train derailed in East Palestine, Ohio, sparking a class action lawsuit against the railway company and others involved in the derailment. In re: East Palestine Train Derailment, — F. 4th –, 2025 WL 3089606, at *1 (6th…
Fifth Circuit Clarifies No Cross-Jurisdictional Tolling in Texas
By Max Larson
A recent Fifth Circuit decision, Ackerman v. Arkema Inc., reinforces that Texas law does not permit cross-jurisdictional tolling, and that federal courts in the Fifth Circuit will enforce that, notwithstanding federal tolling rules for class actions. Ackerman v. Arkema Inc.,…
Illinois Federal Court Dismisses Deceptive Advertising Class Action Against Snack Food Company
In a recent decision, the Northern District of Illinois dismissed a deceptive advertising class action filed against Mondeléz International, Inc. (“Mondeléz”). Salguero v. Mondeléz Int’l, Inc., 2025 WL 3004534, at *6 (N.D. Ill. Oct. 27, 2025). Mondeléz, a snack food…
California Court Rejects First Algorithmic Price Fixing Case to Reach Summary Judgment
On October 20, a California trial court granted summary judgment in favor of defendants in Mach v. Yardi Systems, Inc., rejecting class plaintiffs’ claims that defendants violated California’s antitrust law, the Cartwright Act, through their common use of rental pricing…
Ninth Circuit Affirms Dismissal of Wiretap Claims Based on Party Exception
On October 27, 2025, the Ninth Circuit affirmed in a memorandum opinion the dismissal of a proposed class action asserting that the owner of a cybersecurity browser extension violated the California Invasion of Privacy Act (“CIPA”) and the Electronic Communications…
Court Applies Popa to Dismiss CIPA Pen Register Claim for Lack of Article III Standing
In a win for businesses using third-party technologies to power their websites, a California federal court applied the Ninth Circuit’s recent decision in Popa v. Microsoft Corporation to dismiss a “pen register” claim brought under the California Invasion of Privacy…
Valuation and Standing—The Sixth Circuit Creates a Class Action Split
In its recent decision in Clippinger v. State Farm, the Sixth Circuit addressed the certification of a class in a breach-of-contract dispute over insurance valuation claims, in which the defendant contended that individualized evidence would be needed to determine whether…
Ninth Circuit Affirms Dismissal of Supplement Marketing Claims as Impliedly Preempted
In a win for implied preemption, the Ninth Circuit recently affirmed dismissal of supplement marketing claims under California’s Unfair Competition Law (UCL). The case, Bubak v. Golo, LLC, No. 24-492 (9th Cir. Oct. 9, 2025), held that the plaintiff’s…
Standing in the Dark: Fourth Circuit Finds Standing for Driver’s License Information on the Dark Web
By Marc Capuano & Isaac Chaput
Courts continue to grapple with the type of “concrete harm” that is required to confer Article III standing under TransUnion LLC v. Ramirez, 594 U.S. 413 (2021), particularly in data breach and privacy class actions. On October 14, the Fourth…