We previously covered the Southern District of California’s dismissal of a plaintiff’s claim that defendant falsely advertised that its licorice candy was “naturally flavored” because testing allegedly showed that the product contained synthetic malic acid that functioned as a flavor. Last week, in Trammell v. KLN Enters., Inc., — F.4th —-, 2026 WL 1356403 (9th
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Third Circuit Addresses Standing in Website Wiretapping Claims—Again
The Third Circuit continues to draw a firm line on Article III standing in website “wiretapping” cases. Just weeks after the court’s decision in Harriet Carter Gifts, the court has issued yet another decision reinforcing that the alleged collection of data through third party tools does not create a concrete injury unless the tools…
Tenth Circuit Emphasizes Prior Holding that Ascertainability Does Not Require Administrative Feasibility
By Stephen Rees
As we previously covered, the Tenth Circuit in Cline v. Sunoco, Inc. (R&M), 159 F.4th 11711 (10th Cir. 2025) adopted the majority view that “administrative feasibility” for identifying class members is not an independent requirement for certifying a class under Rule 23. Instead, the Tenth Circuit held that ascertainability only requires the party moving…
Eighth Circuit Affirms Dismissal of Antitrust Class Action Alleging Group Boycott of Agricultural E-Commerce Platforms for “Impermissible Group Pleading”
In In re: Crop Inputs Antitrust Litigation, No. 24-3104, the Eighth Circuit affirmed the dismissal with prejudice of an antitrust class action alleging that suppliers of seeds, pesticides, and other agricultural inputs conspired to refuse to sell their products to direct-to-consumer e-commerce platforms. According to plaintiffs, defendants—which included manufacturers, wholesalers, and authorized retailers—agreed to boycott…
Wiretapping Suit Meets Triple Defeat: No Standing, Consent Established, Class Allegations Rejected
By Rachel Lia & Steve Petkis
Continuing the trend of early dismissals in website wiretapping cases, a California federal court has dismissed a putative class action challenging the use of third-party pixel technology on nonprofit food bank websites. Timothee v. Meta Platforms, Inc., No. 25-CV-05106-LB, 2026 WL 1130363 (N.D. Cal. Apr. 27, 2026). The court held plaintiffs failed to plausibly plead…
One Plan, Many Accounts: Fourth Circuit Slams the Door on Mandatory ERISA Classes in Defined Contribution Cases
In Trauernicht v. Genworth Financial, Inc., 169 F.4th 459 (4th Cir. 2026), the Fourth Circuit delivered a significant win for defendants facing ERISA class actions. Reversing a district court’s certification order, the court held that claims under ERISA § 502(a)(2) seeking monetary relief for alleged fiduciary breaches in a defined contribution plan cannot be certified…
Overpayment Claims Don’t Always Fly: The Fifth Circuit on Article III Standing
Plaintiffs in consumer class action lawsuits often assert a theory of harm based on an alleged overpayment. The typical claim is that a plaintiff bought a good or service that had some alleged defect or was subject to some misrepresentation, and that they therefore paid more than they would have absent the defect or misrepresentation.…
Prominent Arbitration Clause Signage Precludes Parking Lot Class Action
A federal court in Colorado recently confirmed that a conspicuous arbitration clause may preclude a consumer from prosecuting class claims in court even if the consumer did not affirmatively and expressly consent to the clause.…
Another Court Dismisses Website Privacy Suit for Lack of Article III Standing
Adding to a growing body of case law following the Ninth Circuit’s decision in Popa v. Microsoft Corporation, a California federal court has dismissed for lack of subject matter jurisdiction a privacy suit against a news website, holding that the plaintiffs failed to allege a concrete injury sufficient to establish Article III standing. In Re:…
Sensitive Search Terms Not Enough To Establish Article III Standing Under Popa
By Divya Bhat & Matthew Verdin
A recent decision from the Southern District of California underscores a point courts have made increasingly clear after the Ninth Circuit’s precedential decision in Popa v. Microsoft: alleging the disclosure of online activity—even activity touching on sensitive health topics—is not enough, by itself to establish Article III standing. As the Court put it, the mere…