The Sixth Circuit’s recent en banc decision in Clippinger v. State Farm Auto. Ins. Co., 173 F.4th 817 (6th Cir. 2026), continues to shape class action litigation involving breach-of-contract claims. In Nichols v. State Farm Mutual Automobile Ins. Co., 2026 WL 2581605 (S.D. Ohio Sept. 1, 2026), the Southern District of Ohio denied class certification
Class Action & Mass Torts
California Legislature Passes CIPA Pen Register Reform Bill and Sends It to Governor
On August 28, 2026, the California Legislature passed SB 690, a significant bill aimed at curbing the flood of demand letters and lawsuits asserting “pen register” claims under the California Invasion of Privacy Act (“CIPA”). If enacted, the bill would eliminate the private right of action for website-based pen register claims and could affect…
Ninth Circuit Hatches New Opinion Confirming False Advertising Plaintiffs Must Offer Common Proof of Deception
The Ninth Circuit recently confirmed that when a putative class alleges that a marketing representation is deceptive because it is inconsistent with industry standards, plaintiffs must offer common, class-wide proof of deception. See Rusoff v. The Happy Group, Inc., No. 24-7706 (9th Cir. Aug. 17, 2026).
In Rusoff, the defendant represented on its egg cartons…
Preserving the Right to Arbitrate Against Unnamed Class Members
By Erin Moore & Andrew Soukup
Does class certification strip a defendant of its right to compel arbitration against unnamed class members? The Third Circuit recently held that it does not, unless the party seeking arbitration has waived that right by expressly or impliedly demonstrating an intentional relinquishment or abandonment of it. Salvatora v. XTO Energy, Inc., ___ F.4th ___, *3…
Gemini Tracking Allegations Fall Short of Article III Standing
In a recent decision challenging Google’s Gemini AI features, a California federal court held that allegations concerning an AI tool’s capabilities, without facts showing actual access or use of plaintiffs’ data, were insufficient to demonstrate the “concrete” harm required for Article III standing. Thele v. Google LLC, 2026 WL 1970746 (N.D. Cal. July 7, 2026). …
Letting the Cat Out of the Bag: Named Plaintiffs’ Own Conduct Defeats Privacy Claims
In a decision highlighting the importance of testing standing through discovery, a Florida federal court dismissed privacy claims at the class-certification stage after concluding that neither named plaintiff could establish Article III standing. Although the plaintiffs’ allegations survived a motion to dismiss, discovery later exposed their “utter disregard” for the allegedly private information at issue,…
Third Circuit Raises the Bar for Proving Causation Through Statistical Evidence in RICO Pharmaceutical Fraud Class Actions
The Third Circuit recently vacated and remanded a district court’s decision granting class certification for a class of third-party payors (“TPPs”) pursuing Racketeer Influenced and Corrupt Organizations Act (“RICO”) claims against GlaxoSmithKline LLC (“GSK”). See In re Avandia Mktg., Sales Pracs. & Prod. Liab. Litig., 2026 WL 2093904 (3d Cir. July 21, 2026). The TPPs’…
No Misfire, No Case: Eighth Circuit Decertifies Gun-Defect Class Action Over Standing
Owning a product that might malfunction isn’t enough for Article III standing—the defect must actually manifest. That’s the message from Glasscock v. Sig Sauer, Inc., __ F.4th __, 2026 WL 2054200 (8th Cir. July 16, 2026), where the Eighth Circuit vacated class certification and dismissed the case after the named plaintiff admitted his firearm had…
California Legislature Advances Bill Targeting Wave of CIPA Pen Register Lawsuits
On July 1, 2026, a California legislative committee advanced amendments to SB 690 that would eliminate private suits asserting website-based “pen register” claims under the California Invasion of Privacy Act (“CIPA”), leaving enforcement exclusively to the California Attorney General. The amendments come amid a surge of lawsuits and demand letters challenging the use…
Federal Court Dismisses Ultra-Processed Food Addiction Lawsuit for Failure to Plead But-For Causation
A plaintiff’s failure to satisfy basic pleading requirements can be a potent defense to class actions. That was illustrated by a recent Pennsylvania federal court decision granting defendants’ motion to dismiss an amended complaint in a class action alleging that major food companies manufactured and marketed addictive ultra-processed foods (“UPFs”) that caused the plaintiff’s health…