Topic
class certification
957 published works
Jotwell
Ascertaining Ascertainability
Maureen Carroll & Madena Mustafa, The Trouble with Ascertainability, 77 Case W. Rsrv. L. Rev. __ (forthcoming 2027), available at SSRN (July 7, 2026).Class actions have long been an important…
Class Action Defense Blog
Illinois Federal Court Denies Class Certification In Employer Wiretapping And Eavesdropping Case Due To Lack Of Common Evidence Of Call Recording
By Gerald L. Maatman, Jr., Justin R. Donoho, and Hayley Ryan Duane Morris Takeaways: On October 15, 2026, in Alholm, et al. v. The Vrdolyak Law Group, LLC, No. 22-CV-1820,…
Class Action Defense Blog
Ohio Supreme Court Holds Trial Courts May Address Every Class Certification Requirement Even After Finding One Unmet
By Gerald L. Maatman, Jr., Kathryn Brown, and Brett Bohan Duane Morris Takeaways: On October 22, 2026, in Hilton v. City of Lorain, Slip Opinion No. 2026-Ohio-4114 (Ohio Oct. 22,…
Privacy + Cyber + AI
Privacy Litigation Report: Takeaways From September 2026 Decisions
Key point: (1) Two courts denied class certification because plaintiffs could not prove a tracker on the page actually captured their data; (2) three courts held that search terms can…
Inside Class Actions
N.D. Cal. Denies Class Certification in CIPA Tracking Case for Lack of Common Proof
In Hinton v. Planned Parenthood Federation of America, Inc., No. 23-cv-04529-JD, 2026 WL 2959993 (N.D. Cal. Sept. 30, 2026), the court denied class certification in a lawsuit asserting a claim…
Inside Class Actions
Ninth Circuit Vacates Class Certification Based on Insufficiently Reliable Damages Model
The Ninth Circuit recently reiterated that plaintiffs seeking class certification cannot show damages are susceptible to common proof by “[m]erely gesturing” at a damages model or “describing a general method”…
Class Actions Brief Blog
No “Participation Trophies” in the Fourth Circuit
The Fourth Circuit recently sent a strong statement reinforcing the “rigorous analysis” required by Rule 23 in damages class actions. The message was blunt: class certification orders “are not participation…
International Trade Insights
IEEPA Refund Class Action Suit To Move Forward
By Cortney Morgan, Nithya Nagarajan, Ruslan Klafehn
On October 8, 2026, the U.S. Court of International Trade (CIT) granted Plaintiff Freestyle World, Inc.’s (Freestyle World) motion for class certification and appointment of class counsel. The relief sought by…
Chicago Business Litigation Lawyer Blog
Sued in an Illinois Consumer Fraud Class Action? How Defendants Defeat Class Certification
By Peter S. Lubin, James V. DiTommaso
The complaint arrives styled as a class action, and the number at the bottom of the page is built to frighten you. A single fee, a single line in a…
The CLS Blue Sky Blog
Sullivan & Cromwell Discusses Second Circuit Decision on Breadth of PSLRA Stay
By Renholding
The Private Securities Litigation Reform Act’s (“PSLRA”) automatic stay during the pendency of a motion to dismiss is one of the most important procedural protections for defendants in a securities…