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August 07, 2026
PITTSBURGH — A federal judge in Pennsylvania on Aug. 6 vacated a March 2026 judgment order entered in a class lawsuit over hydraulic fracturing royalties after clarifying that a summary judgment order for the defendant issued that same day as the judgment did not fully resolve all claims.
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August 07, 2026
CENTRAL ISLIP, N.Y. — A federal magistrate judge in New York granted a motion by a contractor that facilitates online lunch payments to dismiss a class action alleging breach of contract, unjust enrichment and other claims, finding that the plaintiff’s attempt to redefine the defendant’s “transaction fees as ‘junk fees’ does not render its conduct unlawful.”
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August 07, 2026
RICHMOND, Va. — A Fourth Circuit U.S. Court of Appeals panel reversed a lower court’s decision to certify a class of investors in their suit against The Boeing Co. and its former officials over alleged misstatements about the company’s emphasis on safety that artificially inflated the company’s stock price, finding that the investors did not provide a damages methodology tied to their theory of liability, as required by Comcast Corp. v. Behrend.
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August 07, 2026
TRENTON, N.J. — A federal judge in New Jersey denied a motion to dismiss investors’ putative class complaint alleging that three real estate investment trusts (REITs) and their external advisers and directors misled shareholders through proxy statements that omitted material information about charter amendments delaying liquidation and benefiting the REITs’ controlling executive, finding the omissions to be material.
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August 07, 2026
LAS VEGAS — A Nevada federal judge granted final approval of a $3.3 million settlement resolving data breach claims against a dental care provider one day after allowing negligence and unjust enrichment claims to proceed against the dental care provider’s management services provider.
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August 07, 2026
WASHINGTON, D.C. — A federal judge in the District of Columbia denied a motion by federal workers to reconsider dismissal of a putative class lawsuit that alleged that the Office of Personnel Management (OPM) failed to conduct and publish a privacy impact assessment (PIA) before purportedly sending out “test” emails the workers claimed were being used to collect information on them, opining that Federal Rule of Civil Procedure 60(b)(2) doesn’t “permit do-overs” for newly discovered evidence when that evidence could have been discovered “with a modicum of diligence and where that ‘evidence’ is, in any event, cumulative, duplicative, or of only marginal relevance.”
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August 07, 2026
SAN FRANCISCO — Investors in two related cases filed notices of appeal after a federal judge in California dismissed their claims that Meta Platforms Inc. facilitated pump-and-dump investment schemes advertised on its Facebook and Instagram platforms, ruling in a single order that the claims were barred by the Securities Litigation Uniform Standards Act of 1998 (SLUSA).
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August 06, 2026
PASADENA, Calif. — A Ninth Circuit U.S. Court of Appeals panel on Aug. 5 vacated a federal judge’s decision granting an insured’s motion to remand her putative class action against an insurer for violating California’s unfair competition law (UCL) based on its alleged termination of her late husband’s life insurance policy, writing that in light of recent precedent the judge should have given the insurer an “opportunity to waive” its adequate-remedy-at-law defense before remanding due to lack of equitable jurisdiction.
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August 06, 2026
LOS ANGELES — A California federal judge who had resolved competing summary judgment motions in a long-running Employee Retirement Income Security Act class action by ruling that trial was required for some issues has now ordered trial on a different mix of issues after granting a reconsideration motion focused on disclosure obligations concerning brokerage windows.
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August 06, 2026
ORLANDO, Fla. — A federal judge in Florida denied a new motion filed by the co-founder of a cryptocurrency foundation company seeking reconsideration of a ruling granting partial summary judgment to investors who sued the co-founder and the company over allegations that they sold the cryptocurrency without filing a registration statement, finding that a joint interpretation regarding the application of federal securities laws to certain types of crypto assets issued by the Securities and Exchange Commission and the Commodity Futures Trading Commission does not constitute an intervening change in law that would call for reconsideration of the order.
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August 05, 2026
PITTSBURGH — A federal magistrate judge in Pennsylvania excluded five individuals and a sewer authority from a certified class in a long-running royalty dispute between landowners and a hydraulic fracturing company based on the parties’ agreement reached after the fracking company moved to compel arbitration.
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August 05, 2026
DENVER — The National Collegiate Athletic Association (NCAA) and college athletes who filed a putative class complaint over the June 2026 new eligibility rule filed competing emergency motions in a federal court in Colorado after a preliminary injunction was entered and the NCAA filed a notice of appeal; the NCAA seeks to stay the preliminary injunction while the athletes on Aug. 4 moved to enforce the preliminary injunction (Brock Wisne, et al. v. National Collegiate Athletic Association, No. 26-3063, D. Colo.).
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August 05, 2026
CHICAGO — Finding that no decision in the Wisconsin Supreme Court has addressed whether a plaintiff, “lured by false price comparison advertising into purchasing a product that is worth the purchase price, suffers a pecuniary loss,” a Seventh Circuit U.S. Court of Appeals panel certified a woman’s putative class claims against Kohl’s Corp. and a related entity to the state high court and stayed her appeal of a Wisconsin federal judge’s decision to dismiss her complaint for lack of subject matter jurisdiction.
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August 04, 2026
NEWARK, N.J. — The plaintiffs in an Employee Retirement Income Security Act class action that is now centered on allegations of self-dealing and prohibited transactions have asked a New Jersey federal court to grant preliminary approval of a settlement with ADP TotalSource Group Inc. and related parties that would include a $48 million common fund and nonmonetary relief.
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August 04, 2026
COLUMBIA, S.C. — Saying in part that the key provision a retirement plan sponsor invoked “does not authorize an award of attorney’s fees against counsel,” a South Carolina federal judge on Aug. 3 declined to order the plaintiff’s counsel to pay $1,133,428.61 to cover the legal fees and nontaxable costs the sponsor said it incurred in successfully defending itself against an Employee Retirement Income Security Act case focused on recordkeeping fees.
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August 03, 2026
OAKLAND, Calif. — Finding that new allegations in a consumer’s third amended complaint resolved previously identified deficiencies, a California federal judge denied Shopify Inc.’s motion to dismiss a putative class action against it for allegedly collecting customer data to create and sell individualized profiles in violation of California privacy laws and the state’s unfair competition law (UCL).
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August 03, 2026
DENVER — A split 10th Circuit U.S. Court of Appeals panel reversed the denial of certification of a class of “Natural American Spirit” (NAS) cigarette smokers in 12 states who in a multidistrict litigation accused three tobacco companies of misleadingly labeling NAS cigarettes “natural” and “additive-free” and affirmed the certification of a class of smokers in eight states who were allegedly deceived by the label on NAS-brand menthol cigarettes, while a dissenting judge said the consumers did not have sufficient proof of their claims.
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August 03, 2026
BUTTE, Mont. — A federal judge in Montana denied without prejudice the third round of dismissal motions filed by companies accused of conspiring to conceal known dangers of per- and polyfluoroalkyl substances (PFAS) in protective gear for firefighters in a second amended putative class complaint by various municipalities across the United States.
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July 31, 2026
PHILADELPHIA — Artificial intelligence could facilitate the type of coordinated pricing and collusion resulting in reduced competition, and a proposed class plausibly alleges that casinos shared otherwise nonpublic information about hotel room pricing through such a program and acted in a way they likely would not have otherwise, a Third Circuit U.S. Court of Appeals panel held in reversing dismissal of the putative class action.
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July 31, 2026
PASADENA, Calif. — Citing a failure “to rigorously analyze whether Rule 23’s typicality and adequate representation requirements were satisfied,” the Ninth Circuit U.S. Court of Appeals on July 30 issued an unpublished disposition vacating class certification and remanding “for proceedings consistent with this disposition” in an Employee Retirement Income Security Act suit over retirement plan fees and funds.
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July 31, 2026
SAN FRANCISCO — Applying Platt v. Sodexo, S.A. in a July 30 ruling that one panel member dissented from for two reasons, the Ninth Circuit U.S. Court of Appeals affirmed that a nonseverable arbitration provision is unenforceable because it contains a class, collective and representative action waiver that prevents effective vindication of retirement plan participants’ substantive right under the Employee Retirement Income Security Act.
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July 31, 2026
CINCINNATI — More than 190 class members who opted into the personal injury payment portion of a settlement reached in a case over a chemical release that occurred after a train derailed in Ohio in February 2023 filed an appellant brief in the Sixth Circuit U.S. Court of Appeals, arguing that while the $600 million settlement doesn’t need to be reweighed, the trial court committed six legal errors when it denied their motions for relief from the personal injury payment releases after they discovered what they say is new evidence of fraud and misconduct by class counsel.
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July 30, 2026
LOS ANGELES — A California federal judge denied class certification to two web users who sought to represent three proposed classes in a consolidated class action lawsuit against an advertiser, holding that the web users failed to establish that their claims were typical across two of the classes, failed to satisfy the predominance requirement and suffered from Article III standing issues.
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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.”