News & Analysis as of

Class Action Appellate Courts

A class action is a type of legal action where a representative individual or group of individuals can bring a claim on behalf of a larger group or class who share a common legal interest.
Hinshaw & Culbertson - Employment Law...

Seventh Circuit Ruling Provides Employers With Greater Leverage to Challenge Collective Actions and Limit Exposure

The Seventh Circuit’s recent decision in Richards v. Eli Lilly & Co., 2025 U.S. App. LEXIS 19667 (7th Cir. 2025) significantly changes how federal courts within the circuit will handle collective actions under the Fair Labor...more

Orrick, Herrington & Sutcliffe LLP

Illinois appeals court rejects arbitration in FDCPA class action

On August 27, an Illinois appellate court affirmed a trial court’s denial of a motion to compel arbitration in an FDCPA class action. The case involved a 2022 collection email about a charged-off account originally opened...more

Kilpatrick

Seventh Circuit rejects claimed “methodological” duty in reversing class certification of totaled car valuation dispute

Kilpatrick on

We have written before about class actions involving disputes about automobile insurers’ valuations of wrecked vehicles deemed a total loss. See, e.g., Eleventh Circuit reverses dismissal of class action disputing State...more

Cozen O'Connor

Seventh Circuit Decision Rewrites the Rules for Collective Actions

Cozen O'Connor on

In a recent decision, the Seventh Circuit favorably revised the standard for defendant employers faced with a putative collective action under the Fair Labor Standards Act (FLSA) or the Age Discrimination in Employment Act...more

A&O Shearman

Sixth Circuit Vacates Class Certification In Securities Fraud Lawsuit Against Electric Services Company

A&O Shearman on

On August 13, 2025, the United States Court of Appeals for the Sixth Circuit vacated a district court order granting class certification in a putative securities class action against an electric services company (the...more

A&O Shearman

Third Circuit Reinstates Class Action Against Reinsurance Company, With Instructions To Allow Additional Discovery

A&O Shearman on

On August 20, 2025, the United States Court of Appeals for the Third Circuit reinstated a class action asserting claims under the Securities Exchange Act of 1934 against a reinsurance company and certain of its executives. In...more

Morris James LLP

Delaware Court of Chancery Refuses to Certify Interlocutory Appeal When Case Is on the Verge of Final Judgment

Morris James LLP on

In re Sears Hometown and Outlet Stores, Inc. S’holder Litig., Consol. C.A. No. 2019-0798-JTL (Del. Ch. Mar. 21, 2025) After the Court awarded damages post-trial of $.87 per share to stockholders whom the Court found had been...more

Kilpatrick

Fourth Circuit rules law firm and debt collector waived arbitration rights by filing collection actions in state court

Kilpatrick on

A Fourth Circuit panel affirmed the denial of a motion to compel arbitration, finding that the law firm and debt collector who sought to compel arbitration of a class action had waived the right to arbitrate by previously...more

Woods Rogers

Sixth Circuit Protects Corporate Internal Investigations

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In a notable victory for corporations, the U.S. Court of Appeals for the Sixth Circuit issued a critical ruling in In re: FirstEnergy Corporation that strengthens the protections of the attorney-client privilege and...more

Kilpatrick

Ninth Circuit Confirms Heightened “Fair, Reasonable and Adequate” Standard and Knocks Attorneys’ Fees (Again)

Kilpatrick on

In an unreported but nonetheless instructive opinion, the Ninth Circuit took another swipe at negotiated attorneys’ fees in class action settlements. In Maree v. Deutsche Lufthansa, AG, Case No. 23-55795, 2025 WL 2268254 (9th...more

Robinson Bradshaw

Continued Evolution in the Standards for Conditional Certification of FLSA and ADEA Claims

Robinson Bradshaw on

This blog often focuses on traditional, opt-out class actions brought under Federal Rule of Civil Procedure 23, but there is another common form of mass action: collective actions under the Fair Labor Standards Act and the...more

Fishman Haygood LLP

U.S. Fifth Circuit Adopts “Class Certification” Approach to Article III Standing at Certification Stage

Fishman Haygood LLP on

The U.S. Fifth Circuit Court of Appeals recently reversed a Texas district court’s denial of class certification in the case of Wilson v. Centene Management. In the litigation, three Texans filed suit against Centene...more

Lowenstein Sandler LLP

4th Circuit Holds Exposure to Contaminants Is a Sufficient Injury in Some Medical Monitoring Cases

Lowenstein Sandler LLP on

On Aug. 18, the U.S. Court of Appeals for the 4th Circuit held that exposure to ethylene oxide (EtO) constitutes a concrete, present injury sufficient for Article III standing where costs for present medical monitoring are...more

Foley & Lardner LLP

Sixth Circuit Affirms Attorney-Client Privilege and Work-Product Protection over Internal Investigation Materials

Foley & Lardner LLP on

Internal investigations have become a relatively normal part of doing business, but that does not mean the fruits of those investigations are discoverable even if they have a “business purpose.” The U.S. Court of Appeals for...more

Foley & Lardner LLP

Seventh Circuit Establishes New Standard for FLSA Conditional Collective Certification: How This May Benefit Employers

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The Seventh Circuit’s recent decision in Richards v. Eli Lilly & Co. et al. (Aug. 5, 2025) marks a pivotal shift in how district courts manage collective actions under the Fair Labor Standards Act (FLSA) across Illinois,...more

Orrick, Herrington & Sutcliffe LLP

Fourth Circuit reverses lower court’s decision in bank class action certification

On August 5, the U.S. Court of Appeals for the 4th Circuit reversed and remanded a lower court’s decision that denied a plaintiff’s motion for class certification in her lawsuit against a bank. The plaintiff, a South Carolina...more

Shook, Hardy & Bacon L.L.P.

Class Action Decisions Published June 2025

The full text of each summary can be found below through the Table of Contents links. Highlights from this issue include: Uninjured Class Members. The Supreme Court had originally granted a writ to decide whether federal...more

Constangy, Brooks, Smith & Prophete, LLP

Court raises the bar for plaintiffs seeking to certify collective actions under FLSA, ADEA

Another federal appellate court has rejected the Lusardi approach to managing collective actions under the Fair Labor Standards Act and the Age Discrimination in Employment Act. In Richards v. Eli Lilly & Co., the U.S....more

Seyfarth Shaw LLP

Birthright Citizenship at a Crossroads

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On July 24, 2025, the Ninth Circuit Court of Appeals reaffirmed that President Trump’s Executive Order 14160 aimed at ending birthright citizenship, violates the Citizenship Clause of the Fourteenth Amendment and is...more

Seyfarth Shaw LLP

For Richards And Not For Poorer: Employers in the Seventh Circuit Get Reprieve From Unfair FLSA Collective Certification Standard

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The Seventh Circuit has joined the Fifth and Sixth Circuits in establishing a higher bar for employees to clear before courts may authorize “notice” to potential members of an FLSA collective action. Although the Seventh...more

Bennett Jones LLP

Federal Court of Appeal Dismisses Class Action Certification Due To Unavoidable Individualized Inquiries

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In Voltage Pictures v Robert Salna, 2025 FCA 131, the Federal Court of Appeal addressed the preferable procedure criterion in the context of a defendants’ class proceeding. The plaintiffs sought to certify an action against a...more

Herbert Smith Freehills Kramer

Supreme Court Issues Its Decision in Hopcraft Motor Finance Commission Appeal

In what was a significant decision for the automotive industry, the Supreme Court has allowed the lenders' appeal in part in its much-anticipated judgment relating to lender liability for the payment of third-party broker...more

Mayer Brown

Court of Appeal Upholds CAT Judgment in dismissing BT Landline Pricing Class Action

Mayer Brown on

On 1 August 2025, the Court of Appeal handed down its landmark judgment in Le Patourel v BT1 refusing the class representative permission to appeal the Competition Appeal Tribunal's ("CAT") dismissal of the opt-out class...more

Troutman Pepper Locke

Fourth Circuit Holds Filing a Time-Barred Collections Lawsuit Waives Right to Arbitrate

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After a debt collector filed suit to collect an expired debt, the U.S. Court of Appeals for the Fourth Circuit held that the debt collector could not later compel arbitration of the debtor’s class action because arbitration...more

Freiberger Haber LLP

Release in Settlement Agreement Bars Class Action To Recover Damages For Certain Rent Overcharges

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This Blog has written frequently about the substance and scope of general releases. In New York, “a valid release constitutes a complete bar to an action on a claim which is the subject of the release.” If “the language of a...more

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