Inside Class Actions

The latest developments and trends affecting class actions

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Recently, a California federal court granted summary judgment for defendant Eating Recovery Center (“ERC”) on a plaintiff’s California Invasion of Privacy Act (“CIPA”) § 631(a) wiretapping claim, joining other California federal courts that have granted summary judgment on CIPA claims for a plaintiff’s failure to “satisfy [CIPA’s] ‘in transit’ requirement as a matter of law.” …

In 2023, a train derailed in East Palestine, Ohio, sparking a class action lawsuit against the railway company and others involved in the derailment.  In re: East Palestine Train Derailment, — F. 4th –, 2025 WL 3089606, at *1 (6th Cir. November 5, 2025).  The class-action lawsuit concluded with a $600 million settlement, approved by…

A recent Fifth Circuit decision, Ackerman v. Arkema Inc., reinforces that Texas law does not permit cross-jurisdictional tolling, and that federal courts in the Fifth Circuit will enforce that, notwithstanding federal tolling rules for class actions.  Ackerman v. Arkema Inc., — F.4th —-, 2025 WL 3039221 (5th Cir. Oct. 31, 2025).

Following chemical explosions…

In a recent decision, the Northern District of Illinois dismissed a deceptive advertising class action filed against Mondeléz International, Inc. (“Mondeléz”).  Salguero v. Mondeléz Int’l, Inc., 2025 WL 3004534, at *6 (N.D. Ill. Oct. 27, 2025).  Mondeléz, a snack food company, manufactured and distributed energy snack bars (“Zbars”) while labeling the packaging as “climate neutral…

On October 20, a California trial court granted summary judgment in favor of defendants in Mach v. Yardi Systems, Inc., rejecting class plaintiffs’ claims that defendants violated California’s antitrust law, the Cartwright Act, through their common use of rental pricing software.  The decision, which relied on “critical” evidence produced by defendant Yardi Systems in discovery,…

On October 27, 2025, the Ninth Circuit affirmed in a memorandum opinion the dismissal of a proposed class action asserting that the owner of a cybersecurity browser extension violated the California Invasion of Privacy Act (“CIPA”) and the Electronic Communications Privacy Act (“ECPA”) by intercepting communications between extension-users and search engines. Karwowski v. Gen Digital,…

In a win for businesses using third-party technologies to power their websites, a California federal court applied the Ninth Circuit’s recent decision in Popa v. Microsoft Corporation to dismiss a “pen register” claim brought under the California Invasion of Privacy Act (“CIPA”) for lack of Article III standing.  Khamooshi v. Politico LLC, No. 24-cv-07836-SK, 2025…

In its recent decision in Clippinger v. State Farm, the Sixth Circuit addressed the certification of a class in a breach-of-contract dispute over insurance valuation claims, in which the defendant contended that individualized evidence would be needed to determine whether the alleged breach caused actual monetary injury to class members.  Similar class certification issues have…

In a win for implied preemption, the Ninth Circuit recently affirmed dismissal of supplement marketing claims under California’s Unfair Competition Law (UCL).  The case, Bubak v. Golo, LLC, No. 24-492 (9th Cir. Oct. 9, 2025), held that the plaintiff’s UCL claim was impliedly preempted because it depended entirely on alleged violations of the federal…

Courts continue to grapple with the type of “concrete harm” that is required to confer Article III standing under TransUnion LLC v. Ramirez, 594 U.S. 413 (2021), particularly in data breach and privacy class actions.  On October 14, the Fourth Circuit contributed to this debate, holding that allegations that plaintiffs’ driver’s license data had been…