October 26, 2026
U.S. Fifth Circuit Clarifies Article III Standing in Purely Economic Overpayment Case as Opposed to a “‘No-Injury’ Product Liability” Case
Written by Steve Herman
October 26, 2026
U.S. Eleventh Circuit, En Banc, Joins its Sister Circuits in Holding that Exhaustion is Not Required under ERISA for the Pursuit of Statutory Claims
Written by Steve Herman
July 22, 2026
U.S. Third Circuit Affirms Third-Party Purchaser RICO Class on Ascertainability while Vacating and Reversing on a Lack of Predominance on Causation
Written by Steve Herman
June 22, 2026
U.S. Fourth Circuit Finds that ERISA 502(a)(2) Claims Brought in the Context of Defined Contribution Plans are “Individual Monetary Claims” which Cannot be Certified under Rule 23(b)(1)
Written by Steve Herman
May 19, 2026
U.S. Second Circuit Extends Bristol-Myers Squibb to FLSA Collective Actions
Written by Steve Herman
May 19, 2026
U.S. Fourth Circuit Affirms Striking of (b)(3) Class, But Not (b)(2) Class, at Pleading Stage
Written by Steve Herman
April 9, 2026
U.S. Ninth Circuit Applies Royal Canin to CAFA, Divesting Jurisdiction Based on Post-Removal Amendments to Complaint
Written by Steve Herman
February 8, 2026
U.S. Ninth Circuit Finds that a Court Has Authority under Rule 23(d) to Invalidate a Defendant’s Mandatory Arbitration Policy Instituted after the Filing of Class Action
Written by Steve Herman
December 13, 2025
U.S. Fifth Circuit Confirms that Adequate Representation Can Exist Even Where Some Classmembers Might Fall Into More than One Subclass
Written by Steve Herman
November 10, 2025
U.S. District Court in California Certifies Narrow Class (Due to Article III Standing Issues) for Damages under ERISA (and RICO) for Inflated Balance-Billing Practices
Written by Steve Herman