United States: Class Actions

A rapidly emerging wave of litigation is targeting data centers on multiple legal grounds including environmental violations, land use disputes, nuisance claims, tort actions, and civil rights allegations. Legal experts examine the current landscape of these cases and analyze the potential for mass tort, personal injury, and property damage claims that are likely to follow as data center development continues to expand.

A federal district court judge has denied a motion to dismiss a proposed class action suit against The Cigna Group over mishandling of its 401(k) plan, which holds about $13 billion in assets for about 93,000...

A $10 million preliminary settlement between data aggregator Spokeo and plaintiffs from nine states raises critical questions about the commercial use of personal information in online marketing. The case challenges whether companies can freely use lawfully obtained data for promotional purposes without consent, even when no data breach has occurred. What legal boundaries exist when personal identities become marketing tools, and how should businesses navigate the complex landscape of state-by-state right o

Group litigation, consumer class actions, and regulatory enforcement are reshaping the risk landscape across Asia-Pacific at an accelerating pace. From cross-border parallel claims and regulatory activism to litigation funding and new collective redress regimes, boards and legal teams face an increasingly complex and high-stakes environment. HSF Kramer's litigation specialists examine the trends that matter most and strategies to stay ahead.

Duane Morris partners Jerry Maatman and Jennifer Riley analyze class certification data from the first half of 2026, revealing a notable decline in plaintiff success rates compared to previous years. The discussion explores how certification outcomes vary dramatically by subject matter and geographic location, with particular focus on FLSA conditional certification trends and strategic venue selection by plaintiffs.

Companies that make cellular telephone numbers searchable or publicly viewable online are facing a new wave of putative class actions for statutory damages based on novel theories.

A Texas-based food serviceware manufacturer has filed a federal class action challenging Oregon's packaging extended producer responsibility program, seeking to protect producers not covered by an existing preliminary injunction. The lawsuit raises constitutional claims including Dormant Commerce Clause violations and Due Process concerns, while introducing a novel theory that EPR program fees function as impermissible tariffs on interstate commerce.

In a first-of-its-kind pleading-stage decision, a federal district court in Baker v. Index Exch. Inc., No. 25 C 10517 (N.D. Ill. June 16, 2026), denied a motion to dismiss a putative class action alleging that supply-side platform (“SSP”) Index Exchange Inc. and its affiliate Index Exchange USA, LLC violated the Electronic Communications Privacy Act, 18 U.S.C. § 2511 (the “Federal Wiretap Act”), in connection with alleged data transfers to a Chinese e-commerce platform.

The Second Circuit has established a new "heightened burden" for securities fraud plaintiffs when stock price declines are delayed and coincide with broader market movements. This landmark decision addresses how plaintiffs must plausibly connect alleged corrective disclosures to subsequent losses when the stock initially rises and later declines track general market trends.