The Third Circuit recently reversed a district court’s decision to certify two classes against a defendant insurance company, holding that individualized issues predominated over common ones. See Drummond v. Progressive Specialty Ins. Co, 2025 WL 1860993 (3d Cir. July 7, 2025). The Drummond plaintiffs represented a class of drivers who brought breach of contract claims
Inside Class Actions
The latest developments and trends affecting class actions
Seventh Circuit Affirms Dismissal of Suit Based on “Raw Honey” Labeling
By Anand Balaji
In Wertymer v. Walmart, Inc., — F.4th —-, 2025 WL 1802402 (7th Cir. July 1, 2025), the Seventh Circuit affirmed the district court’s decision to dismiss a consumer class action which was based on speculative and contradictory assertions that a product marketed as “raw honey” was not actually raw.…
Second Circuit Clarifies Analysis of Attorneys’ Fees in Class Action Settlement
Plaintiffs in Kurtz v. Kimberly-Clark Corporation, — F.4th —-, 2025 WL 1802667 (2d. Cir. 2025), asserted false advertising claims against a manufacturer of flushable wipes, alleging that they paid a price premium based on the representation that the wipes were “flushable” when they in fact allegedly caused plumbing damage.
The district court granted preliminary approval…
Collection of Website Visit Time Stamp Not Enough to Confer Article III Standing
Capture of personal or private information is a prerequisite to Article III standing in wiretapping cases brought under the California Invasion of Privacy Act (“CIPA”). As we reported on here, when a plaintiff fails to plead the capture of any such information, courts have dismissed the plaintiff’s complaint for lack of standing. A Utah…
Fifth Circuit Reaffirms that Courts Must Provide Class-Wide Notice of Attorney Fee Motions
By Sarah Leadem & Sonya Winner
On June 10, 2025, the U.S. Court of Appeals for the Fifth Circuit ruled that courts must provide class-wide notice of an attorney fee motion under Federal Rule of Civil Procedure 23(h). Morrow v. Jones, No. 23-40546, 2025 WL 1634785 (5th Cir. June 10, 2025).…
Sixth Circuit Affirms Class Certification Despite Potential Presence of Class Members Who Did Not Suffer Economic Injury
By Stephen Rees & Sonya Winner
Whether the presence of uninjured class members can defeat class certification is a hot-button topic in class action litigation. Just four days after the Supreme Court dismissed the appeal in Laboratory Corporation of America Holdings v. Davis regarding whether class certification is permissible under Rule 23(b)(3) when some members of the putative class are uninjured…
For Peet’s Sake! Court Calls Out Class Action Plaintiffs’ Bar’s Failure to Properly Vet Named Plaintiffs in CIPA Suit
Last month, a California federal court highlighted one of the “serious problems that the class action plaintiffs’ bar desperately needs to rectify”: “the failure to properly vet named plaintiffs.” Lineberry v. Addshoppers, Inc., 23-cv-01996-VC, 2025 WL 1533136 (N.D. Cal. May 29, 2025).…
Supreme Court Delays Resolution of Uninjured Class Member Debate
Laboratory Corporation of America Holdings v. Davis presented a question central to modern class action litigation: whether class certification is permissible under Rule 23(b)(3) when some members of the putative class are uninjured. We previously highlighted the Supreme Court’s decision to hear argument in the case, which had the potential to resolve a widening circuit…
Summary Judgment Granted on a Shoe Shrinking Croc-Nundrum
In what the court described as “a shoe shrinking croc-nundrum,” a court in the Northern District of California recently granted summary judgment to Crocs Inc in a false advertising claim, where class certification had already been denied. Martha Valentine et al., v. Crocs, Inc., 3:22-cv-07463-TLT (May 19, 2025).
The plaintiff, after purchasing Crocs shoes through…
Ghee, I Can’t Believe I Need Evidence: N.D. Cal. Denies Class Certification in Food Labeling Case
Food mislabeling class actions are increasingly common. Last week, the Northern District of California denied a motion for class certification involving allegations of false labeling on ghee, a clarified butter product, because the plaintiff failed to produce evidence
Defendant Ancient Organics, a ghee manufacturer, made representations on its packaging that the ghee “is the…