Inside Class Actions

The latest developments and trends affecting class actions

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Zachary Agudelo

Latest from Inside Class Actions

An Illinois federal court recently highlighted the critical role played by pre‑class‑certification discovery in testing the adequacy of a proposed class representative.  In Clark v. Blue Diamond Growers, 2026 WL 483275 (N.D. Ill. Feb. 20, 2026), the defendant’s arguably “unique defense” to the named plaintiff’s false advertising claims proved fatal to class certification.…

The Washington Supreme Court’s decision in Brown v. Old Navy LLC, 4 Wash.3d 580 (2025) has sparked a wave of putative class actions under Washington’s Commercial Electronic Mail Act (“CEMA”), targeting allegedly misleading email subject lines used by national retailers. In the months since, defendants have increasingly turned to constitutional and federal preemption defenses in…

Recently, a Pennsylvania federal judge dismissed a suit challenging the use of a third-party website analytics tool by defendant Highlands Healthcare, Inc., an integrated health system with eight hospitals in Pennsylvania.  The Court concluded plaintiffs had failed to plead the “specifics” of their interactions with defendant’s website, which were “essential to convert [the] case” from…

So-called “greenwashing” claims have been the subject of significant activity over the last several years.  In one recent example, the Northern District of Illinois permitted a consumer class action about “cage free” eggs to proceed against Eggland’s Best over the defendant’s argument that the eggs complied with state definitions of “cage free.”  

The case, Janecyk…

Another recent federal court decision endorsed the “heightened intent requirement” for satisfying the crime-tort exception of the federal Wiretap Act.  Progin v. UMass Mem’l Health Care, Inc., 2026 WL 632770, at *4–5 (D. Mass. Mar. 6, 2026).

In Progin, the plaintiffs claimed that the defendants, healthcare and hospital entities, embedded pixel technologies on their website…

A recent Washington federal court decision emphasizes two key federal Wiretap Act principles. First, the Act’s crime-tort exception only applies if there are plausible allegations that a party to the communication intercepted communications specifically to commit a separate wrongdoing. Second, the statute does not allow secondary liability for “procuring” an interception by a third party.…

As businesses increasingly deploy AI-powered call centers to streamline customer service, plaintiffs have turned to decades-old wiretapping laws to challenge these tools. In a recent decision, however, an Illinois federal district court held that use of an AI call analysis platform without caller consent does not violate the federal Wiretap Act because it falls within…

The Ninth Circuit partially reversed an order certifying multiple state‑law classes in litigation alleging that certain Ford Super Duty trucks suffer from a steering defect. See Lessin et al. v. Ford Motor Co., No. 25‑2211 (9th Cir. Feb. 11, 2026). While the Ninth Circuit affirmed parts of the class certification order, it held that the…

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 successful motion forces plaintiffs to proceed individually, reducing a defendant’s exposure and eliminating costly discovery into issues of class certification.  But district courts have yet…