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…
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…
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). …
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,…
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’…
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…
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…
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…
Standing remains a powerful defense to putative class actions. Recently, a New Jersey federal court relied on Article III standing to dismiss a lawsuit against Glenmark Pharmaceuticals Inc. alleging that it made false and misleading representations about the safety and efficacy of certain cholesterol drugs despite initiating a recall of those drugs. Chambers et al.…
Courts are increasingly addressing putative class actions aimed at curbing allegedly illegal government conduct. An Oregon federal court recently certified a Rule 23(b)(2) class action in a challenge to alleged ICE warrantless arrest practices, holding that plaintiffs may proceed on behalf of people arrested, or at risk of arrest, without a warrant and without pre-arrest…
