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July 30, 2026
NEW YORK — A Second Circuit U.S. Court of Appeals panel affirmed the dismissal of investors’ putative securities fraud class action against a virtual health care service provider and certain of its executives regarding alleged misstatements they made after the company’s $18.5 billion merger with another health care company, finding that the investors had not adequately alleged scienter.
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July 30, 2026
LOS ANGELES — A California federal judge denied Delta Air Lines Inc.’s motion to strike a flier’s alleged “sham” declaration after finding that contradictions in the flier’s deposition testimony regarding when she saw the airline’s allegedly misleading advertisements describing itself as “carbon-neutral” based on its environmental, social and governance (ESG) investments were not proven to be a “sham” instead of “an honest mistake.”
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July 30, 2026
DALLAS — Retirement plan participants opposed dismissal of their amended class action complaint in a Texas federal court brought under the Employee Retirement Income Security Act (ERISA) against retirement plan fiduciaries, arguing that their revised claims properly allege imprudent retention of the Prudential Guaranteed Income Fund (Prudential GIF), excessive recordkeeping and administrative fees and derivative monitoring failures by adding detailed allegations that cure deficiencies identified in the court’s prior dismissal ruling.
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July 30, 2026
A wave of putative class lawsuits that started in late 2024 continues to grow, with at least seven new Employee Retirement Income Security Act complaints challenging health plan tobacco surcharges filed from May through late July, plus one amended consolidated complaint.
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July 30, 2026
PHILADELPHIA — The Third Circuit U.S. Court of Appeals denied rehearing and rehearing en banc after vacating for a second time a $3.7 million fee award for class counsel that is part of a class settlement valued at $27 million in a lawsuit alleging that BMW of North America LLC knowingly manufactured vehicles equipped with defective engines.
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July 30, 2026
LOS ANGELES — A California consumer who filed a putative class complaint against a protein seed and powder manufacturer over the products’ protein claims on Amazon.com “plausibly alleged that the Amazon listings do constitute labeling” and that the manufacturer “had knowledge of or control over them,” but did not show that the listings violate the Food, Drug and Cosmetic Act’s (FDCA) labeling regulations, a federal judge in that state ruled, granting the manufacturer’s motion to dismiss.
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July 29, 2026
SAN FRANCISCO — A Ninth Circuit U.S. Court of Appeals panel affirmed dismissal, finding that an investor’s securities fraud class action against a solar energy company, certain former executives and controlling entities alleging misleading statements about product defects failed to allege falsity.
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July 29, 2026
NEW YORK — A federal judge in New York denied a motion in a putative class complaint by Yemenis for an emergency administrative stay of the termination of the temporary protected status (TPS) for Yemen, which was first designated in 2015.
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July 29, 2026
NEW ORLEANS — In an insured’s dispute with his lender over its alleged unpaid interest in a hurricane coverage dispute involving a now-insolvent insurer, the lender filed a reply brief in Louisiana federal court in further support of its renewed motion to dismiss and request for reconsideration of a previous ruling, asserting that the insured lacks standing under Article III of the U.S. Constitution.
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July 29, 2026
To date, defendants have fully prevailed in roughly one of every four rulings resolving dismissal motions in a wave of lawsuits challenging health plan tobacco surcharges, but that ratio includes a recent two-day stretch in which federal judges in New Jersey and Minnesota dismissed putative class cases against Campbell Soup Co. and Target Corp. and a federal judge in Texas partly dismissed a putative class case against United Surgical Partners International Inc.
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July 28, 2026
WASHINGTON, D.C. — The District of Columbia Circuit U.S. Court of Appeals on July 27 granted a stay of mandate pending the filing and disposition of a petition for a writ of certiorari by the secretary of the Department of Homeland Security (DHS) and other federal government parties in a class case challenging a January 2025 presidential proclamation that limited asylum and withholding of removal applications.
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July 28, 2026
LOS ANGELES — Five days after the Ninth Circuit U.S. Court of Appeals granted a joint motion to dismiss an appeal filed by R.C. Bigelow Inc. following a jury verdict in favor of a class of consumers in a case about tea labeling, the consumers and tea company on July 27 filed a joint notice of settlement in the trial court.
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July 28, 2026
CHICAGO — The Seventh Circuit U.S. Court of Appeals refused to reconsider its ruling affirming a lower federal court’s denial of a plaintiff’s request for class certification in his lawsuit seeking to hold an insurer liable under the Telephone Consumer Protection Act (TCPA) and reversing the court’s summary judgment ruling in favor of the plaintiff after holding that he failed to demonstrate that the insurer is vicariously liable for a telemarketer’s calls.
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July 28, 2026
SAN FRANCISCO — A nonprofit legal foundation on July 28 filed a motion in the Ninth Circuit U.S. Court of Appeals for leave to file an amicus curiae brief in which it urges the court to reverse a federal judge’s order certifying several classes of purchasers bringing antitrust claims against Juul Labs Inc. (JLI), Altria Group Inc. and former JLI board members for allegedly seeking to monopolize the e-cigarette market, writing that the ruling would allow California law to be used as “a roving nationwide antitrust enforcer.”
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July 28, 2026
PITTSBURGH — Deepening the conflicting case law in a series of putative class actions challenging pension risk transfers (PRTs) under the Employee Retirement Income Security Act, a Pennsylvania federal judge on July 27 dismissed one such case for lack of standing, saying in part that the retirees “haven’t plausibly alleged that there is a significant likelihood Athene would default to a degree that their pensions would be affected.”
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July 28, 2026
NEW YORK — The newest tariffs of 10% or 12.5% on goods being imported into the United States must be declared invalid just like the 2025 tariffs that were imposed under the International Emergency Economic Powers Act (IEEPA) and were declared invalid by the U.S. Supreme Court in Learning Res., Inc. v. Trump and the tariffs that replaced them, a New York business and a California business allege in a putative class complaint filed in the U.S. Court of International Trade.
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July 28, 2026
WASHINGTON, D.C. — A federal judge in the District of Columbia on July 27 denied a request by unaccompanied alien children from Guatemala to order the secretary of the U.S. Department of Homeland Security and others to show cause why they should not be held in civil contempt for allegedly violating a preliminary injunction that halted the removal of the minors from the United States.
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July 28, 2026
ST. LOUIS — After each party had filed a brief in the Eighth Circuit U.S. Court of Appeals concerning an attempt to revive a putative class Employee Retirement Income Security Act mortality table case, the appellants moved for voluntary dismissal of the appeal with prejudice and the appellate court granted the motion after the appellees reported that they did not object to the motion.
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July 27, 2026
GREENBELT, Md. — An Asian American man who worked as a Maryland state police officer for more than a decade filed an intervenor class complaint in a federal court in Maryland against the state alleging intentional discrimination against officers of color, a hostile work environment and retaliation.
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July 27, 2026
CHICAGO — An Illinois federal judge dismissed with leave to amend a visually impaired consumer’s putative class action alleging that a website selling men’s grooming products violated the Americans with Disabilities Act of 1990 (ADA) by failing to make the site accessible to visually impaired persons, finding that the consumer failed to establish standing to seek prospective relief under the ADA because he did not sufficiently allege an intention to return after visiting the website only once.
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July 24, 2026
WASHINGTON, D.C. — The District of Columbia Circuit U.S. Court of Appeals in a July 23 one-sentence per curiam order denied a petition for rehearing en banc filed by the U.S. Department of Homeland Security secretary and other federal government parties after a split panel ruled in April that a proclamation issued by President Donald J. Trump on the day of his inauguration that limited asylum and withholding of removal applications and the Department of Homeland Security’s (DHS) guidance that followed are “unlawful to the extent that they circumvent the INA’s [Immigration and Nationality Act’s] removal procedures and cast aside federal laws affording individuals the right to apply and be considered for asylum or withholding of removal protections.”
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July 23, 2026
NEW YORK — Making the same key arguments it did in January in a similar interlocutory appeal, the U.S. Department of Labor (DOL) filed an amicus curiae brief urging the Second Circuit U.S. Court of Appeals to reverse a ruling that retirees had standing to file a putative class lawsuit that is part of a much-watched string of pension risk transfer (PRT) challenges; among other things, the retirees generally allege that the use of offshore captive reinsurers makes the insurers now responsible for paying their annuities more likely to fall short of their obligations.
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July 23, 2026
CHICAGO — A federal judge in Illinois granted a motion by the owner and operator of a casino and sweepstakes gaming website to compel a plaintiff seeking to represent a class of Illinois website customers to arbitrate individually her claims regarding the alleged operation of an illegal online casino the under the company’s “Terms of Use” for its website’s “social casino.”
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July 23, 2026
WASHINGTON, D.C. — The U.S. Supreme Court on July 22 granted an oil-well interest class an extra month to respond to a petition by Sunoco Inc. and Sunoco Partners Marketing & Terminals L.P. (together, Sunoco) that asks the high court to decide whether a court is permitted under Federal Rule of Civil Procedure 23 or Article III of the U.S. Constitution to certify a class and award damages in a case where ascertainability has never been satisfied.
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July 23, 2026
ST. LOUIS — After 41 states and the District of Columbia (the governmental entities) filed proofs of claim seeking nearly $100 billion in damages arising from the 2023 23andMe Inc. data breach, the trust administering the company’s bankruptcy plan asked a Missouri federal bankruptcy court to issue an order permitting entry into a stipulation that would provide the governmental entities with individual shares of an $18 million settlement.