Class Actions At The Circuit Courts: September Lessons
By Mitchell Engel ( September 29, 2026, 6:01 PM EDT) -- In August, federal appellate courts published decisions in class certification cases that touched on whether a customer has suffered a pecuniary loss if they purchase advertised on sale if the product is never sold at its full listed price; whether a plaintiff is typical if they have purchased insurance from one of the defendants but not other of the defendant insurance companies; whether an antitrust plaintiff that lacks antitrust standing is an adequate class representative; and whether a Rule 23(f) appeal should apply pendent jurisdiction to a Fair Labor Standards Act claim....
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