In In re Concrete and Cement Additives Antitrust Litigation, the District Court for the Southern District of New York recently dismissed with prejudice claims brought by a proposed class of construction companies and concrete distributors against the world’s largest producers of concrete and cement additives (“CCAs”). The class complaint alleged that executives of the defendants’
Inside Class Actions
The latest developments and trends affecting class actions
N.D. Cal. Rejects Non-Specific Tolling Arguments in Shah v. Politico LLC
In Shah v. Politico LLC, 5:25-cv-05213 (N.D. Cal. Sept. 25, 2026), the Court addressed plaintiffs’ attempts to invoke equitable tolling, delayed discovery, and fraudulent concealment to save untimely claims under the California Invasion of Privacy Act (“CIPA”).
Defendant Politico LLC (“Politico”) had filed a motion to dismiss allegations that, despite presenting a cookie banner…
Pixel Tracking Technologies and Article III Standing: Lessons from the Rack Room Shoes Decision
In Smith v. Rack Room Shoes, Inc., No. 24-cv-06709-RFL (N.D. Cal. Sept. 21, 2026), Plaintiffs sought class certification on claims under the California Invasion of Privacy Act, Cal. Penal Code §§ 631 and 632, and the Federal Wiretap Act, 18 U.S.C. § 2511(1)(a). Plaintiffs asserted that Defendant Rack Room, an online shoe retailer, helped third-party…
California Governor Signs SB 690, Eliminating Private Website-Based CIPA Pen Register Claims and Calling for Broader CIPA Reform
On September 30, Governor Gavin Newsom signed SB 690, a significant new law aimed at curbing the wave of lawsuits and demand letters asserting “pen register” claims under the California Invasion of Privacy Act (“CIPA”). The legislation eliminates the private right of action for pen register and trap-and-trace claims arising from conduct occurring on internet…
Ninth Circuit Emphasizes Importance of Connecting Visual Proof to Class Members for Motions to Compel Arbitration
By Rachel Lia
A recent Ninth Circuit decision, Rushing v. Williams-Sonoma, Inc., 2026 WL 2731408 (9th Cir. Sept. 16, 2026), confirms that defendants seeking to compel arbitration based on internet contracts must do more than submit exemplar screenshots of webpages containing arbitration-related disclosures. Rather, to meet their evidentiary burden, defendants must tie that visual evidence to the specific…
Ohio Federal Court Denies Class Certification in Contract Dispute, Illustrating Strategies For Defeating Similar Claims
The Sixth Circuit’s recent en banc decision in Clippinger v. State Farm Auto. Ins. Co., 173 F.4th 817 (6th Cir. 2026), continues to shape class action litigation involving breach-of-contract claims. In Nichols v. State Farm Mutual Automobile Ins. Co., 2026 WL 2581605 (S.D. Ohio Sept. 1, 2026), the Southern District of Ohio denied class certification…
California Legislature Passes CIPA Pen Register Reform Bill and Sends It to Governor
On August 28, 2026, the California Legislature passed SB 690, a significant bill aimed at curbing the flood of demand letters and lawsuits asserting “pen register” claims under the California Invasion of Privacy Act (“CIPA”). If enacted, the bill would eliminate the private right of action for website-based pen register claims and could affect…
Ninth Circuit Hatches New Opinion Confirming False Advertising Plaintiffs Must Offer Common Proof of Deception
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…
Preserving the Right to Arbitrate Against Unnamed Class Members
By Erin Moore & Andrew Soukup
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…
Gemini Tracking Allegations Fall Short of Article III Standing
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). …