class-certification

58 cases — ← All topics

Case Title Lower Court Docketed Status Flags Tags Question Presented
25-977 Johnson & Johnson, et al. v. San Diego County Employees Retirement Association, et al. Third Circuit 2026-02-18 Pending Basic-Inc-v-Levinson class-certification corrective-disclosure efficient-market-hypothesis inflation-maintenance-theory securities-fraud Securities-fraud class actions overwhelmingly rely on the "inflation-maintenance" theory, which posits that misrepresentations maintain an inflated st…
25-874 Johnson & Johnson Consumer Inc. v. Narguess Noohi, Individually and on Behalf of All Others Similarly Situated Ninth Circuit 2026-01-22 Pending Amici (2) civil-procedure class-certification daubert-standard evidentiary-standards expert-testimony federal-rules-of-evidence Whether expert testimony must be admissible under Federal Rule of Evidence 702 and the framework enunciated in Daubert v. Merrell Dow Pharmaceuticals,…
25A744 Johnson & Johnson, et al. v. San Diego County Employees Retirement Association, et al. Third Circuit 2025-12-23 Application basic-presumption class-certification corrective-disclosure market-efficiency price-impact securities-fraud 1. This case warrants the Court's review because it presents an ideal vehicle for the Court to resolve two related splits of authority about the prope…
25-677 City of Cleveland, Ohio v. Albert Pickett, Jr., Individually and on Behalf of All Others Similarly Situated, et al., Sixth Circuit 2025-12-10 Pending Amici (3)Response RequestedResponse Waived article-iii-standing class-certification concrete-harm disparate-impact fair-housing-act race-neutral-policy Whether a federal court may certify a damages class that contains members who lack any injury other than an intangible harm based on the asserted disp…
25-625 Takeda Pharmaceutical Company Limited, a Japanese Corporation, et al. v. Painters and Allied Trades District Council 82 Health Care Fund, et al. Ninth Circuit 2025-12-02 Pending Amici (2) circuit-split class-certification damages representative-evidence rico rule-23 This case involves a multibillion-dollar civil RICO class action covering tens of thousands of third-party payors that reimbursed millions of prescrip…
25A565 Johnson & Johnson Consumer Inc. v. Narguess Noohi, Individually and on Behalf of All Others Similarly Situated Ninth Circuit 2025-11-14 Application circuit-split civil-procedure class-certification expert-testimony federal-rules-of-evidence rule-702 Whether a district court may certify a class action without resolving whether the plaintiff has introduced admissible evidence, including expert testi…
25A472 Takeda Pharmaceutical Company Limited, a Japanese Corporation, et al. v. Painters & Allied Trades District Council 82 Health Care Fund, third-party healthcare payor fund, et al. Ninth Circuit 2025-10-24 Presumed Complete causation class-certification individualized-damages injury-requirement rico-claim third-party-payor Question not identified.
25A419 Banc of America Securities LLC, et al. v. City of Philadelphia, Pennsylvania, et al. Second Circuit 2025-10-14 Presumed Complete antitrust class-certification damages-class-action expert-evidence federal-rule-civil-procedure predominance Question not identified.
25A365 City of Cleveland, Ohio v. Albert Pickett, Jr., Individually and on Behalf of All Others Similarly Situated, et al., Sixth Circuit 2025-09-29 Presumed Complete article-iii-standing class-certification concrete-injury disparate-impact fair-housing-act water-liens Whether a federal court may certify a class action that contains members who claim no Article III injury apart from being subjected to a policy they a…
24A941 Kansas City Life Insurance Company v. Christopher Y. Meek, Individually and on Behalf of All Others Similarly Situated Eighth Circuit 2025-04-01 Presumed Complete article-iii-standing breach-of-contract circuit-split class-certification concrete-harm injury-in-fact Whether a class may be certified where some members suffered only legal injury from a pure breach of contract with no monetary harm.
24-933 State Farm Mutual Automobile Insurance Company, et al. v. Faysal A. Jama, et al. Ninth Circuit 2025-02-27 Denied Amici (2)Relisted (2) article-iii-injury class-certification damages-class individualized-proceedings rule-23 statutory-violation Auto insurance policies typically promise to pay policyholders the "actual cash value" of insured vehicles that are deemed a total loss. To determine …
24A687 State Farm Mutual Automobile Insurance Company, et al. v. Faysal A. Jama, et al. Ninth Circuit 2025-01-15 Presumed Complete actual-cash-value class-action-standing class-certification insurance-regulation insurance-valuation ninth-circuit-split Question not identified.
24-643 Union Pacific Railroad Company, a Delaware Corporation v. Robert Anthony Zaragoza Fifth Circuit 2024-12-12 Denied circuit-split class-action class-certification procedural-tolling statute-of-limitations tolling-doctrine Is American Pipe tolling limited to actual members of the putative or certified class, or does it extend to non-class members so long as they were not…
24-630 Union Pacific Railroad Company, a Delaware Corporation v. Nicholas DeFries Ninth Circuit 2024-12-09 Denied american-pipe-rule circuit-split class-action class-certification statute-of-limitations tolling-doctrine Is American Pipe tolling limited to actual members of the putative or certified class, or does it extend to non-class members so long as they were not…
24-628 BNP Paribas SA, a French Corporation, et al. v. Entesar Osman Kashef, et al. Second Circuit 2024-12-09 Denied circuit-split class-certification district-court interlocutory-appeal manifest-error rule-23f Whether the courts of appeals have discretion under Rule 23(f) to grant interlocutory review solely because a district court's class-certification ord…
24-610 Union Pacific Railroad Company v. Todd DeGeer Eighth Circuit 2024-12-04 Denied american-pipe-rule circuit-split class-action class-certification statute-of-limitations tolling-doctrine In American Pipe & Construction Co. v. Utah , 414 U.S. 538, 554 (1974), this Court held that "the commencement of a class action suspends the applicab…
24-576 Nutramax Laboratories, Inc., et al. v. Justin Lytle, et al. Ninth Circuit 2024-11-25 Denied Amici (2) circuit-split class-certification daubert-standard expert-testimony predominance-requirement rule-23 When a plaintiff seeking to certify a class relies on an expert to establish that classwide issues predominate, must the expert testimony satisfy the …
24A389 Union Pacific Railroad Company v. Robert Anthony Zaragoza Fifth Circuit 2024-10-22 Presumed Complete american-pipe-tolling burden-of-proof civil-procedure class-action class-certification statute-of-limitations 1. This case presents an important and recurring question regarding how courts should resolve ambiguity as to the scope of a putative or certified cla…
24-426 Plan Benefit Services, Inc., et al. v. Heriberto Chavez, et al. Fifth Circuit 2024-10-16 Denied Response Waived article-iii-standing circuit-split class-action class-certification federal-civil-procedure standing-doctrine The determination of whether a named plaintiff in a class action has Article III standing to bring claims on behalf of others has been addressed by …
24A340 Union Pacific Railroad Company v. Nicholas DeFries, et al. Ninth Circuit 2024-10-09 Presumed Complete american-pipe-tolling civil-procedure class-action class-certification employment-discrimination statute-of-limitations 1. These cases present an important and recurring question regarding how courts should resolve ambiguity as to the scope of a putative or certified cl…
24-384 Meta Platforms, Inc., fka Facebook, Inc. v. DZ Reserve, et al. Ninth Circuit 2024-10-04 Denied Amici (2)Response RequestedResponse WaivedRelisted (2) appellate-review circuit-split class-certification fraud-class-action predominance rule-23 1. Whether the Ninth Circuit's "common course of conduct" test improperly dilutes Rule 23(b)(3)'s predominance requirement by ignoring differences amo…
24-86 Career Counseling, Inc., dba Snelling Staffing Services v. Amerifactors Financial Group, LLC Fourth Circuit 2024-07-26 Denied Response RequestedResponse WaivedRelisted (3) administrative-feasibility circuit-split class-certification fax-machine fax-machine-definition rule-23 rule-23(b)(3) telephone-consumer-protection-act 1. Whether there is an implied "administrative fea- sibility" prerequisite for class certification, as held by the First, Third, and Fourth Circuits, …
23A982 Career Counseling, Inc., dba Snelling Staffing Services, a South Carolina Corporation v. Amerifactors Financial Group, LLC Fourth Circuit 2024-05-03 Presumed Complete administrative-feasibility circuit-split class-certification fax-services statutory-interpretation tcpa Whether the Fourth Circuit properly imposed an "administrative feasibility" requirement for class certification that conflicts with the approach of si…
23-814 Visa Inc., et al. v. National ATM Council, Inc., et al. District of Columbia 2024-01-29 Denied Amici (1) antitrust antitrust-impact civil-procedure class-action class-certification classwide-impact federal-rule-civil-procedure federal-rules-of-civil-procedure material-dispute merits merits-determination Whether a district court validly certifies a class under Federal Rule of Civil Procedure 23(b)(3) where it deems the proposed method through which pla…
23-658 Medical Transportation Management, Inc. v. Isaac Harris, et al. District of Columbia 2023-12-19 Denied Response Waived circuit-split civil-procedure class-certification commonality federal-rules-of-civil-procedure policy-uniformity rule-23 significant-proof uniform-policy Where class certification is based on allegations that a defendant's policy or practice has injured class members, what constitutes "significant proof…
23-648 Brinker International, Inc. v. Eric Steinmetz, Individually and on Behalf of All Others Similarly Situated, et al. Eleventh Circuit 2023-12-15 Denied Amici (1)Response RequestedResponse WaivedRelisted (2) civil-procedure class-action class-certification consumer-credit damages damages-uniformity federal-rules-of-civil-procedure individualized-injury predominance-requirement rule-23 rules-enabling-act This case is a putative class action arising out of a consumer credit card security incident in which the class members' purported injuri es, if they …
23A533 Visa Inc., et al. v. National ATM Council, Inc., et al. District of Columbia 2023-12-12 Presumed Complete antitrust class-certification damages predominance rule-23 sherman-act 1. This case presents the question of whether a class may be certified under Federal Rule of Civil Procedure 23(b)(3) as long as plaintiffs' proposed …
23-470 Kimberly Bruce, aka Kimberly A. Bruce, aka Kimberly Antrell Bruce v. Citigroup, Inc., et al. Second Circuit 2023-11-03 Denied Response Waived bankruptcy bankruptcy-code bankruptcy-jurisdiction civil-procedure class-action class-certification due-process national-class rule-7023 statutory-injunction 1. Whether a bankruptcy court has jurisdiction under Bankruptcy Rule 7023 to certify a national class of individuals, all of whom were subjected to th…
23A322 Medical Transportation Management, Inc. v. Isaac Harris, et al. District of Columbia 2023-10-12 Presumed Complete class-certification commonality-requirement fair-labor-standards-act general-contractor joint-employer wage-and-hour-laws Question not identified.
23-344 Apple Inc. v. Epic Games, Inc. Ninth Circuit 2023-10-02 Denied Amici (5) civil-rights class-certification constitutional-limitations due-process federal-court injunction injunctive-relief judicial-scope ninth-circuit nonparties nonparty-impact standing Whether, in the absence of class certification, a federal court is precluded from entering an injunction that extends to nonparties without a specific…
23-166 Hilton Hotels Retirement Plan, et al. v. Valerie White, et al. District of Columbia 2023-08-21 Denied Response RequestedResponse WaivedRelisted (2) appeal-period civil-procedure class-certification equitable-tolling federal-rules-of-civil-procedure nutraceutical-corp-v-lambert rule-23(f) rule-23f time-limitation time-period 1. Federal Rule of Civil Procedure 23(f) sets a "purposefully unforgiving" fourteen-day deadline to file a petition for permission to appeal from an o…
22-1019 CoreCivic, Inc. v. Sylvester Owino, et al., Individually and on Behalf of All Others Similarly Situated Ninth Circuit 2023-04-20 Denied Amici (1)Response Waived appellate-review civil-procedure class-certification commonality ninth-circuit rule-23 standard-of-review uniformity 1. Whether courts of appeals reviewing Rule 23 class certification decisions must, as a matter of law, give district court decisions granting class ce…
22-566 William Yeatman v. Kathryn Hyland, et al. Second Circuit 2022-12-20 Denied Amici (2) class-action class-certification class-counsel cy-pres due-process first-amendment rule-23 settlement-approval student-loan third-party-beneficiary The Second Circuit affirmed Rule 23(e)(2) approval of a cy-pres class-action settlement that paid no money to the class of student-loan borrowers, but…
22-131 StarKist Co., et al. v. Olean Wholesale Grocery Cooperative, Inc., On Behalf of Itself and All Others Similarly Situated, et al. Ninth Circuit 2022-08-10 Denied Amici (3) civil-procedure class-action class-certification injury-proof representative-evidence rule-23 standing uninjured-class-members 1. Whether, and in what circumstances, the presence of uninjured class members precludes the certification of a class under Federal Rule of Civil Proc…
21-1107 FTS USA, LLC, et al. v. Edward Monroe, et al. Sixth Circuit 2022-02-10 Denied Response Waived class-certification collective-action damages due-process fair-labor-standards-act representative-sample representative-testimony seventh-amendment 1. Whether the Fair Labor Standards Act and the Due Process Clause permit a collective action to be certified and tried to verdict based upon testimon…
21-508 In Re William J. French, et al. 2021-10-06 Denied abuse-of-discretion class-certification contract-law district-court-discretion economic-discrimination insurance-discrimination long-term-care-insurance qualified-long-term-care-insurance summary-judgment tax-benefits In 1996 Congress enacted Internal Revenue Code ("Code") Subchapter C—Long-Term Care Services and Contracts, which entitles purchasers of Qualified Lon…
21-336 Shiyang Huang v. Brian F. Spector, et al. Eleventh Circuit 2021-09-02 Denied Response Waived article-iii-standing civil-procedure class-action class-certification future-harm monetary-damages money-damages risk-of-harm supreme-court-precedent transunion-v-ramirez Whether class-action plaintiffs can still rely on mere "risk of future harm" allegations alone to establish Article III standing, achieve class certif…
21-51 Central Payment Co., LLC v. Custom Hair Designs by Sandy, LLC, On Behalf of Itself and All Others Similarly Situated, et al. Eighth Circuit 2021-07-14 Denied Response RequestedResponse WaivedRelisted (2) circuit-split civil-procedure class-certification contract-interpretation contractual-rights-and-obligations federal-rules federal-rules-of-civil-procedure individualized-defenses rule-23 rules-enabling-act Whether a class may be certified under Rule 23 of the Federal Rules of Civil Procedure when the class claims turn on materially different contractual …
20-1757 Lecia L. Shorter v. Mary Amador, et al. Ninth Circuit 2021-06-16 Denied Response Waived civil-rights class-action class-action-settlement class-certification due-process monelle-liability rule-23-certification standing strip-search unnamed-class-member 1) What are the collateral attack options of an unnamed class member to challenge the classifications and due process violations in a $53 million civi…
20-1008 State Farm Life Insurance Company v. Michael G. Vogt Eighth Circuit 2021-01-27 Denied Amici (3) class-certification class-members class-representative damages damages-model fail-safe-class intraclass-conflict rule-23 universal-life-insurance This is one of a series of class actions against life insurance companies arising from "cost of insurance" provisions in Universal Life policies. Plai…
20-257 Chipotle Mexican Grill, Inc., et al. v. Maxcimo Scott, et al. Second Circuit 2020-09-01 Dismissed Amici (4)Relisted (5) civil-procedure class-certification collective-action district-court employment-law fair-labor-standards-act material-question opt-in-plaintiffs similarly-situated Whether a district court may consider factors other than the presence of a single material question of law or fact common to a group of employees when…
20-181 Daniel L. Miles v. Kristine Svinicki, et al. Seventh Circuit 2020-08-18 Denied Response Waived civil-rights class-action class-certification discriminatory-hiring due-process employment-discrimination federal-rules-of-civil-procedure fifth-amendment involuntary-servitude thirteenth-amendment Whether the Seventh Circuit panel majority's decision, rendered on February 28, 2020, affirming the judgment of the District Court conflicts with the …
19-1386 D. C., a Minor, By and Through His Guardian ad Litem, Helen Garter v. San Diego County, California, et al. Ninth Circuit 2020-06-17 Denied Response Waived civil-procedure class-certification collateral-estoppel damages damages-analysis issue-certification negative-value predominance predominance-test rule-23 superiority 1. Does rule 23(c)(4) of the Federal Rules of Civil Procedure ("Rule 23(c)(4)") require only that common questions predominate over individual ones wi…
19-1339 Kansas City Royals Baseball Corp., et al. v. Aaron Senne, Individually and on Behalf of All Others Similarly Situated, et al. Ninth Circuit 2020-06-04 Denied Response RequestedResponse WaivedRelisted (2) class-action class-certification commonality predominance rule-23 statistical-surveys tyson-foods tyson-foods-v-bouaphakeo wage-and-hour 1. Whether Tyson sanctions the use of statistical surveys to establish commonality and predominance for a wage-and-hour class that encompasses differe…
19-706 Facebook, Inc. v. Nimesh Patel, et al. Ninth Circuit 2019-12-04 Denied Amici (3)Response Waived article-iii-standing circuit-split civil-procedure class-certification concrete-injury concrete-interest future-risk personal-information predominance real-world-injury risk-of-harm standing-article-iii statutory-violation 1. Whether a court can find Article III standing based on its conclusion that a statute protects a concrete interest, without determining that the …
19-503 Apache Corporation v. Bigie Lee Rhea Tenth Circuit 2019-10-18 Denied administrative-feasibility ascertainability class-action class-actions class-certification class-membership class-notice due-process rule-23 Three circuits have held that Rule 23(b)(3) requires proponents of class certification to show an administratively feasible method for identifying cla…
18-1353 Kevin McCabe, et al. v. Lifetime Entertainment Services, LLC Second Circuit 2019-04-29 Denied Response Waived american-pipe american-pipe-doctrine appeal appellate-review civil-procedure class-action class-action-tolling class-certification due-process legal-tolling precedent procedural-rules procedural-tolling sanctions standing statute-of-limitations 1. Whether class-action statute-of-limitations tolling under American Pipe & Constr. Co. v. Utah, 414 U.S. 538 (1974), should continue until a distric…
18-1262 Corona Regional Medical Center, et al. v. Marlyn Sali, et al. Ninth Circuit 2019-04-02 Dismissed admissibility circuit-split civil-procedure class-certification evidence evidence-admissibility federal-rules-civil-procedure federal-rules-of-civil-procedure federal-rules-of-evidence ninth-circuit precedent rule-23 standards-of-proof Whether the requirements for class certification under Federal Rule of Civil Procedure 23 can be satisfied with inadmissible evidence.
18-1256 BP West Coast Products, LLC v. Steven Scharfstein, Individually and on Behalf of All Others Similarly Situated, et al. Oregon 2019-04-01 Dismissed civil-procedure class-action class-certification cy-pres due-process oregon oregon-law punitive-damages signage-laws statutory-damages In this class action, the Oregon courts upheld an aggregated statutory-damages award of $409 million based on petitioner's failure to disclose a $0.35…
18-1127 SpeedyPC Software v. Archie Beaton Seventh Circuit 2019-02-28 Denied Response Waived affidavit-sampling affidavits class-certification consumer-fraud credibility due-process implied-warranty individual-issues sampling 1. Is it proper for a court to certify a class by suggesting that individual issues can be resolved by the submission of affidavits from each individu…
18-1080 Anderson Living Trust, fka The James H. Anderson Living Trust, et al. v. WPX Energy Production, LLC, fka WPX Energy San Juan, LLC, et al. Tenth Circuit 2019-02-21 Denied Response Waived appeal appellate-jurisdiction civil-procedure class-action class-certification federal-rules-civil-procedure final-judgment microsoft-v-baker mootness settlement-agreement standing tenth-circuit Does Microsoft v. Baker, 137 S.Ct. 1702, 198 L.Ed. 2d 132 (2017) mandate that only plaintiffs who litigate their individual claims to a final judgment…
18-987 McKesson Corporation, et al. v. True Health Chiropractic, Inc., et al. Ninth Circuit 2019-01-29 Denied Amici (2)Response RequestedResponse WaivedRelisted (2) affirmative-defenses burden-of-proof civil-procedure class-certification federal-rules-of-civil-procedure halliburton-v-erica-p-john-fund predominance rule-23 This Court has repeatedly said that a plaintiff seeking class certification under Federal Rule of Civil Procedure 23(b)(3) bears the burden of proving…
18-969 Gospel For Asia, Inc., et al. v. Garland D. Murphy, III, et al. Eighth Circuit 2019-01-25 Dismissed circuit-split civil-procedure civil-rights class-action class-certification due-process fraud interlocutory-appeal presumption-of-injury presumption-of-reliance rico rico-class-action rule-23 standards-for-interlocutory-appeal 1. Whether a RICO class may be certified under Federal Rule of Civil Procedure 23(b)(3) based on a presumption that all class members were injured by …
18-876 Cynthia N. Almond, et al. v. Singing River Health System, et al. Fifth Circuit 2019-01-08 Denied Response Waived civil-procedure class-action class-certification constitutional-rights due-process fifth-amendment fourteenth-amendment monetary-claims opt-out property-rights rule-23 1. Whether the District Court erred in certifying the class under Rule 23 on the grounds that Petitioners have a constitutional due process right to o…
18-472 Behr Dayton Thermal Products LLC, et al. v. Terry Martin, et al. Sixth Circuit 2018-10-12 Denied Amici (1)Response RequestedResponse WaivedRelisted (2) appellate-conflict civil-procedure class-certification courts-of-appeals federal-civil-procedure federal-rules-of-civil-procedure issue-certification issue-classes predominance predominance-requirement rule-23 rule-23(b)(3) rule-23(c)(4) Whether plaintiffs, having failed to demonstrate that common issues predominate over individual issues as to their cause of action under Federal Rule …
18-449 Pharmavite LLC v. Noah Bradach Ninth Circuit 2018-10-10 Denied Response Waived class-action class-certification class-members federal-preemption federal-statute individual-inquiry preemption state-law-claims supremacy-clause 1. Is it a violation of the Supremacy Clause, U.S. ConsT. art. VI, cl. 2, for a federal court to certify a class that includes class members asserting…
18-398 FCA US LLC, et al. v. Brian Flynn, et al. Seventh Circuit 2018-09-28 Denied Amici (4) article-iii-standing civil-procedure civil-procedure-23(f) class-action class-certification interlocutory-review manifest-error predominance standing superiority Plaintiffs brought a purported class action claiming that they bought or leased FCA-manufactured vehicles that were "excessively vulnerable" to being …
18-169 Lance Laber v. Milberg LLP, et al. Ninth Circuit 2018-08-07 Denied Response Waived 28-usc-1291 appellate-rights circuit-split civil-procedure class-action class-certification intervention microsoft-corp-v-baker precedent standing united-airlines united-airlines-inc-v-mcdonald Whether this Court's decision in United Airlines, Inc. v. McDonald, 432 U.S. 385 (1977), which allowed unnamed putative class members to intervene for…