Topic
class certification
957 published works
The D&O Diary
Guest Post: Key Trends in 2025 Class Certification Decisions: Fraud-on-the-Market Under Fire
The following guest post examines the resolution of class certification motions in securities class action lawsuits during 2025; considers the parties' economic arguments in support of or in opposition to…
Class Action Defense Blog
New York Federal Court Recommends Denial Of Class Certification In Gender Pay Discrimination Suit Against Bloomberg
By Gerald L. Maatman, Jr., Denis Yavorskiy, and Elizabeth Underwood Duane Morris Takeaways: On March 24, 2026, in Ndugga v. Bloomberg L.P., No. 20 Civ. 7464, 2026 WL 828730 (S.D.N.Y.…
Compensation & Benefits Blog
Fourth Circuit Overturns Class Certification of 401(k) Plan Investment Loss Case
By Russell Hirschhorn, Myron Rumeld, Jessica Wang
In a ruling that upends conventional thinking on the standards for class certification of claims brought under ERISA section 502(a)(2), the Fourth Circuit overturned class certification of a lawsuit challenging…
Class Actions Insider
New Fourth Circuit Decision Addresses Mandatory (No Opt-Out) Classes and Commonality
While the U.S. Court of Appeals for the Fourth Circuit’s recent class action decision in Trauernicht v. Genworth Financial Inc., No. 24-1880, – F.4th –, 2026 WL 667917 (4th Cir.…
The Daily Intake
Class Certification Denied in ‘Smokehouse’ Almonds Suit
A federal judge has denied class certification (Law360 subscription required) in a lawsuit alleging that Blue Diamond Growers deceived its customers by describing its almonds as “smokehouse,” despite the characterizing…
Inside Class Actions
Fourth Circuit Announces Legal Framework for Pre-Discovery Motions to Deny Class Certification
Although an uncommon step, defendants in putative class actions in some jurisdictions may move to deny class certification before discovery begins if the complaint’s proposed class is facially deficient. A…
Commercial Case Notes
Years-Long Delay in Seeking Order Not Fatal
By John Lundin
On February 3, 2026, the First Department issued a decision in Shanklin v. Wilhelmina Models, Inc., 2026 NY Slip Op. 00480, holding that a years-long delay in seeking an order…
Inside Class Actions
Sixth Circuit Denies Permission to Appeal Class Certification Order Raising Questions of Consent and Fail-Safe Classes
In many privacy and other technology-related class actions, the question of whether consumers consent to the practice at issue is central. In these cases, class action defendants have defeated motions…
TCPA Blog
Court Revisits Ascertainability, Reaffirms Class Certification Denial
Kate C. Goldberg contributed to writing this article. In TCPA litigation, one of the most important goals of any defendant is to ensure that the class certification prerequisites are scrupulously…
Big Molecule Watch
CareFirst’s Class Action STELARA® Antitrust Case Against J&J Will Proceed: Court Grants-in-Part and Denies-in-Part Class Certification and Denies the Parties’ Motions for Summary Judgment
By Allegra Padula|Kevin DeJong
As we have previously reported, a group of health insurers and health insurance administrators (collectively, “CareFirst”) filed a class action complaint in 2023 against Johnson & Johnson and Janssen Biotech,…