rule-23
44 cases — ← All topics
| Case | Title | Lower Court | Docketed | Status | Flags | Tags | Question Presented |
|---|---|---|---|---|---|---|---|
| 25-639 | Banc of America Securities LLC, et al. v. City of Philadelphia, Pennsylvania, et al. | Second Circuit | 2025-12-03 | Pending | Response RequestedResponse Waived | civil-procedure class-action district-court expert-evidence predominance rule-23 | Whether, when putative class-action plaintiffs offer expert evidence to prove predominance under Federal Rule of Civil Procedure 23(b)(3) and the defe… |
| 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… |
| 25-5464 | Jaime A. Diaz ONeill v. Baldor Specialty Foods, Inc. | Second Circuit | 2025-08-25 | Denied | IFP | attorneys-fees class-action fairness-hearing notice-requirements rule-23 settlement-approval | Question not identified. |
| 24-1289 | Nissan North America, Inc. v. Sherida Johnson, on Behalf of Herself and All Others Similarly Situated, et al. | Ninth Circuit | 2025-06-17 | Denied | Response Waived | article-iii-standing circuit-split class-action federal-court injury-in-fact rule-23 | 1. Whether a federal court may certify a Rule 23(b)(3) class when almost no one in the class has suffered—or will suffer—an Article III injury. 2. Wh… |
| 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 … |
| 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 … |
| 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, … |
| 23-6785 | Raleigh G. Rogers v. Wells Fargo Bank, N.A. | North Carolina | 2024-02-20 | Denied | Response WaivedIFP | civil-procedure class-action class-actions contact-information due-diligence due-process notice opt-out rule-23 service-by-publication service-of-process | Is it Substantial Harm to the Public to allow the Defendant in a Rule 23(b)(3) "opt-out " class actions to withhold contact information it maintains i… |
| 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 … | |
| 23-465 | Timothy Dolbin v. Denis R. McDonough, Secretary of Veterans Affairs | Federal Circuit | 2023-11-02 | Denied | Response Waived | appellate-jurisdiction civil-rights class-action mootness personal-stake relation-back rule-23 stare-decisis veterans-affairs veterans-appeals | If a n RCA under Rule 23 of the F ederal Rules of Civil Procedure is dismissed based on an erroneous interpretation of law , but not on the merits, do… |
| 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… |
| 22-904 | Jane Doe 8, et al. v. Chiquita Brands International, Inc. | Eleventh Circuit | 2023-03-17 | Denied | Response RequestedResponse WaivedRelisted (2) | american-pipe civil-procedure class-action federal-claims non-federal-claims rule-23 statute-of-limitations tolling-rule | In American Pipe & Construction Co. v. Utah, this Court held that "a class action suspends the applicable statute [of limitations] as to all asserted … |
| 22-634 | Richard Estle Carson, III v. Kathryn Hyland, et al. | Second Circuit | 2023-01-09 | Denied | Response Waived | class-action class-actions common-fund incentive-award incentive-awards representative-plaintiff representative-plaintiffs rule-23 service-award supreme-court-precedent | Does Rule 23 abrogate this Court's holdings that payments in common-fund class actions to compensate representative plaintiffs for their personal serv… |
| 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… |
| 22-554 | Anna St. John v. Lisa Jones, et al. | Eighth Circuit | 2022-12-16 | Denied | Amici (3)Relisted (4) | class-action cy-pres fairness fairness-doctrine first-amendment forum-shopping property-interest rule-23 settlement-approval | Whether, or in what circumstances, a court may approve a settlement as "fair, reasonable, and adequate" under Rule 23(e)(2) when it pays a substantial… |
| 22-389 | Charles T. Johnson v. Jenna Dickenson | Eleventh Circuit | 2022-10-25 | Denied | Relisted (4) | class-action eleventh-circuit fiduciary-duty greenough greenough-precedent incentive-payments judicial-oversight rule-23 | Applying general federal common law, this Court held in Trustees v. Greenough, 105 U.S. 527 (1881) that a creditor could recover attorney fees, but no… |
| 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… |
| 21-1535 | David Lowery v. Benjamin Joffe, et al. | Ninth Circuit | 2022-06-07 | Denied | Amici (1) | class-action copyright cy-pres first-amendment google-litigation privacy-rights rule-23 settlement-fairness standing | 1. Whether, or in what circumstances, a cy pres award that provides no direct relief or benefit to class members comports with the Rule 23(e) requirem… |
| 21-7688 | Raleigh Rogers v. Wells Fargo | Fourth Circuit | 2022-04-25 | Denied | Response WaivedIFP | ada ada-compliance civil-procedure class-action due-process individual-notice notice opt-out rule-23 wells-fargo | Can the court disregard: one, that Wells Fargo promised to provide the "next steps to be taken regarding [Plaintiff-Appellant's] unauthorized account … |
| 21-7648 | Luis Fernando Ceja, aka Chako v. United States | Ninth Circuit | 2022-04-19 | Denied | Response RequestedResponse WaivedRelisted (2)IFP | criminal-procedure due-process federal-rules-of-criminal-procedure foreign-citizen foreign-defendant jury-trial jury-trial-waiver oral-colloquy rule-23 waiver | Whether courts may decline to enforce the plain language of Federal Rule of Criminal Procedure 23(a) requiring that a waiver of jury trial be in writi… |
| 21-1303 | Abigail Walsh, et al. v. Amy Cohen, Individually and on Behalf of All Others Similarly Situated, et al. | First Circuit | 2022-03-29 | Denied | Response Waived | civil-rights class-action constitutional-rights due-process notice procedural-fairness rule-23 settlement settlement-revocation | 1. Does the Constitutional Due Process driven analysis set forth in Rule 23 have exceptions? 2. If so, what exceptions and what circumstances trigger… |
| 21-948 | Educational Commission for Foreign Medical Graduates v. Monique Russell, et al. | Third Circuit | 2021-12-29 | Denied | Amici (1)Response RequestedResponse WaivedRelisted (2) | certification civil-procedure class-action common-issues individual-issues predominance rule-23 rule-23(b)(3) rule-23(c)(4) | Whether, when an action involves both common and individual questions, a court may certify common questions for class treatment under Rule 23(b)(3) wi… |
| 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 … |
| 20-8397 | Louis A. Banks v. District of Columbia, et al. | District of Columbia | 2021-06-23 | Denied | Response WaivedRelisted (2)IFP | 5th-amendment civil-rights custodial-interrogation due-process edwards-violation fifth-amendment judicial-immunity law-enforcement rule-23 rule-60 | 1. Whether Teacher, officers, law enforcement violate the rule announced in Edwards v. Arizona by interviewing, interrogated, unreasonable searches Fa… |
| 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… |
| 20-492 | Charles D. Gonzalez, et al. v. Elna Sefcovic, LLC, et al. | Tenth Circuit | 2020-10-15 | Denied | Response Waived | adequate-representation civil-procedure class-action federal-rules-of-civil-procedure inadequate-representation intra-class-conflict release rule-23 settlement settlement-approval | A Magistrate of the United States District Court for the District of Colorado approved a class action settlement over the objection of the Petitioners… |
| 20-201 | Debe Olson v. Farmers New World Life Insurance Company, et al. | Fifth Circuit | 2020-08-20 | Denied | 14th-amendment civil-procedure class-action due-process equitable-tolling motion-to-dismiss notice rule-23 rule-23(e)-frcp | One: Whether the trial court improperly granted a Motion to Dismiss the putative class because there was no notice to the putative class and therefore… | |
| 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… |
| 19-1366 | Shiyang Huang v. Valeska Schultz, et al. | Eighth Circuit | 2020-06-12 | Denied | Response Waived | article-iii-standing civil-procedure class-action due-process in-personam-claims monetary-relief rule-23 rules-enabling-act settlement standing | I. Whether unnamed class members under Federal Rule of Civil Procedure 23 must have Article III standing for class certification (as four circuits hav… |
| 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… |
| 19-1180 | Robert Radcliffe, et al. v. Experian Information Solutions, Inc., et al. | Ninth Circuit | 2020-03-30 | Denied | Response Waived | civil-procedure class-action class-actions class-counsel conflicts-of-interest due-process fair-settlement legal-representation material-conflict rule-23 settlement-fairness | Whether Fed. R. Civ. P. 23 permits class counsel whose interests are in material conflict with those of the class to represent the class so long as th… |
| 19-765 | Michael Faust, Director, Arizona Department of Child Safety v. B. K., By Her Next Friend Margaret Tinsley, et al. | Ninth Circuit | 2019-12-16 | Denied | Amici (3) | accountability civil-rights class-action commonality due-process federalism injunctive-relief rule-23 standing systemwide-failures | In Wal-Mart Stores, Inc. v. Dukes, 564 U.S. 338 (2011), this Court held that a class action may not be certified unless a question central to each cla… |
| 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… | |
| 18-1262 | 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. | |
| 18-1074 | Brian Perryman v. Josue Romero, et al. | Ninth Circuit | 2019-02-15 | Denied | Amici (3)Response RequestedResponse WaivedRelisted (2) | civil-procedure civil-rights class-action class-action-settlement class-counsel cy-pres cy-pres-award due-process fair-reasonable-adequate fairness-standard fees rule-23 settlement settlement-scrutiny | Whether, or in what circumstances, a cy pres award that provides no direct relief or benefit to class members comports with the Rule 23(e) requirement… |
| 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 … |
| 18-59 | Eduardo Pineiro Perez, et al. v. BP, P.L.C., et al. | Fifth Circuit | 2018-07-11 | Denied | Response Waived | class-action class-action-rule-23 district-court-dismissal docket-management federal-civil-procedure federal-rules-of-civil-procedure multi-district-litigation multi-plaintiff multi-plaintiff-lawsuits procedural-rights rule-23 shady-grove shady-grove-v-allstate supreme-court | Based on a case management and administrative order, PTO 60, which permitted only single plaintiff lawsuits, the district court dismissed with prejudi… |
| 18-42 | GlaxoSmithKline LLC v. Louisiana | Third Circuit | 2018-07-09 | Dismissed | Amici (4) | 11th-amendment absent-class-member civil-procedure class-action due-process federal-court federal-courts federalism opt-out rule-23 sovereign-immunity state-sovereign-immunity | Whether state sovereign immunity bars a federal court from binding a State to a Rule 23 class settlement as an absent class member plaintiff based on … |