The Ninth Circuit in Maree v. Deutsche Lufthansa A.G., No. 23-55795, 2025 WL 2268254 (9th Cir. Aug. 8, 2025) recently vacated and remanded a district court’s approval of a class action settlement because it found class counsel’s fees likely represented a disproportionate amount of the settlement fund. The settlement at issue sought to resolve two
Inside Class Actions
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Court Finds Homebuyers Lack Antitrust Standing to Challenge Real Estate Brokerage Commission Rules
By Eamon Dowd & Brandon Gould
In Lutz v. HomeServices of America, Inc. et al., No. 4:24-cv-10040-KMM, the U.S. District Court for the Southern District of Florida dismissed antitrust claims brought by a proposed class of homebuyers seeking to enjoin implementation of rules promulgated by the National Association of Realtors (NAR) relating to commissions paid to real estate brokers representing homebuyers.…
CA Supreme Court Smooths Edges of Arbitration Invoice Payment Statute to Save it from Federal Preemption
The California Supreme Court held in Hohenshelt v. Golden State Foods Corp., __ P.3d __, 2025 WL 2302229 (Cal. Aug. 11, 2025) that the Federal Arbitration Act (“FAA”) does not preempt Section 1281.98 of the California Arbitration Act (“CAA”), a provision providing that, under certain circumstances, a party that fails to pay arbitration fees promptly…
No Splash Without Specifics: Eleventh Circuit Rejects Claims Challenging Influencer Swimwear Endorsements
In Pop v. LuliFama.com LLC, _ F.4th _, 2025 WL 2177719 (11th Cir. Aug. 1, 2025), the Eleventh Circuit affirmed the district court’s decision to dismiss a putative consumer class action alleging that a swimwear company had failed to disclose payments to social media influencers — reasoning that the alleged fraudulent conduct was not pleaded…
District Courts Must Address Conflicting Expert Evidence to Certify Antitrust Class Action, Seventh Circuit Rules
By Marc Capuano & Sonya Winner
Expert evidence commonly plays an important role in class certification determinations. On August 5, the Seventh Circuit addressed this issue, holding that in a proposed antitrust class action, the district court erred in certifying a class when it failed to engage with conflicting expert evidence regarding antitrust impact that could have established lack of predominance. …
Ninth Circuit Affirms Class Certification Based on Unexecuted Damages Model
Extending its recent decision in Lytle v. Nutramax Laboratories, Inc., 114 F.4th 1011, 1032 (9th Cir. 2024), the Ninth Circuit recently affirmed class certification in a false advertising case based in part on an unexecuted and “not yet fully developed” damages model. The panel reasoned that the expert’s explanation of the damages model he proposed…
California Court Dismisses Hotel Algorithmic Price Fixing Claims
Last month, a California federal court in Dai v. SAS Institute, No. 4:24-cv-02537 (N.D. Cal. 2025), dismissed a proposed antitrust class action complaint against six nationwide hotel operators alleging that the hotels’ common use of revenue management software to set their room prices amounted to a per se illegal “hub-and-spoke” conspiracy to fix hotel prices…
Fifth Circuit Adopts a Test for Standing at Class Certification Stage
By Sarah Leadem
On July 17, 2025, the Fifth Circuit adopted a test for determining whether class plaintiffs meet the Article III injury-in-fact requirement for standing, resolving an open question in the Circuit. Wilson v. Centene Mgmt. Co., L.L.C., No. 24-50044, 2025 WL 1981287 (5th Cir. July 17, 2025).…
Sixth Circuit Enforces Arbitration Agreement After Lower Court Sua Sponte Found Waiver
By Sam Greeley
The Sixth Circuit recently reversed a denial of a motion to compel arbitration in an MDL, where the district court had raised the issue of waiver of arbitration rights on its own and ruled defendant had waived the right even when there was no evidence it had knowledge of the right. In Re Chrysler Pacifica…
Court Dismisses Homebuyers’ Trade Association Horizontal Conspiracy Claim
By Eamon Dowd & Brandon Gould
The U.S. District Court for the Eastern District of Pennsylvania recently dismissed a horizontal antitrust conspiracy claim brought by a proposed class of homebuyers against a real estate brokerage company, while allowing the homebuyers’ claims based upon vertical agreements to continue. …