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…

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).…

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…

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…

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…

Companies who rely on arbitration agreements that select the American Arbitration Association (AAA) consumer arbitration rules for dispute resolution should take note of a recent decision by the Eleventh Circuit affirming the denial of a motion to compel arbitration and emphasizing the importance of proactively complying with the AAA’s rules and policies.…

Health-related websites are increasingly targeted with wiretapping suits if they use pixels or other third-party technologies to power their websites.  A few months ago, a California court dismissed on multiple grounds one such suit challenging the use of website pixels by Clearblue, a company that offers home pregnancy and fertility test kits.  Saedi v. SPD…