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July 16, 2026
PIERRE, S.D. — Owners of homes built on top of an inactive gypsum mine that was at one time owned by a subdivision of South Dakota failed in a putative class complaint to bring a viable claim for inverse condemnation against the state following the formation of a large sinkhole because the property was not private at the time of the mining and homeowners failed to show “that the State’s retention of the mining rights to the property is a ‘public use’ under the damaging clause of the South Dakota Constitution,” the state’s highest court ruled.
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July 16, 2026
DENVER — A June 2026 infiltration of Frontier Airlines Inc.’s information network that resulted in the theft of employees’ personally identifiable information (PII) was the result of the airline’s failure “to take available steps to prevent an unauthorized disclosure of data,” according to several class complaints filed between July 13 and July 15 in a federal court in Colorado.
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July 16, 2026
SAN JOSE, Calif. — A California federal judge denied a motion to modify a September 2025 order that certified several customer-specific and statutory subclasses for nominal damages but declined to certify claims for other damages, ruling that the plaintiffs’ new expert report did not justify modification and that the plaintiffs could not add damages for identity protection services for members whose Social Security numbers were exposed.
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July 15, 2026
NEW ORLEANS — The Fifth Circuit U.S. Court of Appeals lacks jurisdiction over an appeal of a preemption ruling in a case challenging the location of a helipad at a New Orleans hospital that was filed originally as a class action because an injunction was effectively refused and interlocutory jurisdiction only exists where the appealing party satisfies the factors in Carson v. Am. Brands, Inc., the appellate panel ruled.
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July 15, 2026
DENVER — A dozen college athletes filed a class complaint against the National Collegiate Athletic Association (NCAA) in a federal court in Colorado alleging that the new June 2026 eligibility rule was improperly implemented and they were denied a fifth year of play, causing them to lose scholarships and name, image and likeness (NIL) compensation.
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July 15, 2026
SALT LAKE CITY — Concluding that underperformance allegations concerning a synthetic guaranteed investment contract (GIC) are “insufficient to raise any relevant plausible inference” and that a prohibited transaction claim fails to meet the “minimal pleading standard” outlined in Cunningham v. Cornell Univ., a Utah federal judge issued a memorandum decision and order dismissing a putative class suit that retirement plan participants filed under the Employee Retirement Income Security Act.
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July 15, 2026
HOUSTON — Ruling against a class of retirement plan participants that had prevailed following a bench trial, the Fifth Circuit U.S. Court of Appeals issued an unpublished July 14 opinion vacating the judgment and remanding for fact-finding “to evaluate Article III standing” in the Employee Retirement Income Security Act suit over a retirement plan’s switch from a final average pay formula to a cash balance plan; in a separate concurrence, one member of the panel opined “that the type of consequences alleged constitutes an Article III injury.”
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July 15, 2026
SAN DIEGO — An IT staffing company accused of failing to protect the personally identifiable information (PII) of current and former employees will pay $610,000 to end the class claims, according to an order in a federal court in California granting final settlement approval.
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July 15, 2026
ALBANY, N.Y. — Concluding that Thole v. U.S. Bank N.A. “precludes a finding of Article III standing absent a concrete injury regardless of the type of remedy sought,” a New York federal judge declined to alter or amend a September ruling in which he dismissed a putative class action challenging a pension risk transfer (PRT) under the Employee Retirement Income Security Act.
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July 13, 2026
WASHINGTON, D.C. — Filing amicus curiae briefs in an Employee Retirement Income Security Act case, the U.S. Department of Labor (DOL) and other entities urge the U.S. Supreme Court to affirm that a putative class suit challenging purportedly underperforming retirement plan investments in hedge funds and private equity was correctly dismissed for failure to allege a “meaningful benchmark.”
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July 13, 2026
WASHINGTON, D.C. — Meta Platforms Inc. and other organizations filed 11 amicus curiae briefs urging the U.S. Supreme Court to affirm the Sixth Circuit U.S. Court of Appeals’ ruling that a California man who subscribed only to a free 247Sports newsletter is not a “‘consumer’” under the Video Privacy Protection Act (VPPA), with the amici collectively arguing that his reading would broaden the statute beyond video rental and audiovisual subscription transactions and expose internet, advertising and nonvideo businesses to broader VPPA liability.
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July 13, 2026
VANCOUVER, Wash. — A Washington state judge granted final approval of a $2.5 million nonreversionary class settlement and $2,000 service awards for each of nine named plaintiffs in a suit alleging that an orthopedics and neurosurgery group failed to safeguard private information accessed during a February 2024 cyberattack.
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July 13, 2026
DALLAS — Retirement plan fiduciaries moved to dismiss with prejudice a second amended class action complaint filed under the Employee Retirement Income Security Act (ERISA)by retirement plan participants challenging the plan’s former investment in a Prudential Guaranteed Income Fund and alleged recordkeeping fees, arguing that the participants still lack meaningful stable value fund comparators and rely on rejected financial condition allegations.
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July 13, 2026
WASHINGTON, D.C. — Following an audit prompted by allegations involving Employee Retirement Income Security Act class action litigation, the Office of Inspector General (OIG) for the U.S. Department of Labor (DOL) released a public report finding that the agency “did not establish sufficient controls for how it shared confidential information using common interest agreements with non-governmental entities.”
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July 10, 2026
SAN FRANCISCO — An Employee Retirement Income Security Act case challenging the use of allegedly outdated assumptions to calculate annuities for married pension plan participants would be resolved in a settlement that the named plaintiffs say would provide “more than $149 million in combined monetary and prospective relief to” members of a proposed settlement class and subclasses that together would consist of nearly 170,000 individuals; in the preliminary approval motion filed in a California federal court on July 9, the named plaintiffs further say that up to $35 million for attorney fees and costs “would not reduce the monetary benefits to the Class.”
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July 10, 2026
SAN FRANCISCO — In an order on posttrial motions, a federal judge in California mostly upheld a jury’s verdict against Elon Musk in a class action brought by investors in the company formerly known as Twitter who say that Musk attempted to manipulate the company’s stock price before his takeover, granting his motion for judgment as a matter of law only as to his May 17, 2022, tweet because the investors failed to provide substantial evidence to support a finding of loss causation with respect to that tweet.
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July 10, 2026
BOSTON — A federal judge in Massachusetts dismissed an investor’s putative securities class action against a biotechnology company, certain officers and directors, as well as the underwriters of its initial public offering (IPO) for allegedly omitting information from the company’s registration statement in violation of federal securities laws, finding that the investor did not plausibly identify an unlawful omission.
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July 09, 2026
CHICAGO — An Illinois orthopedic group with more than 100 locations will pay $4 million to end a consolidated class action by patients who alleged that their health information was potentially compromised in a data incident discovered by Illinois Bone and Joint Institute LLC (IBJI) in July 2024, according to an Illinois judge’s opinion granting final settlement approval.
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July 09, 2026
SAN JOSE, Calif. — A user of Apple Inc.’s proprietary web browser, Safari, filed a putative class action lawsuit in California federal court accusing Apple of violating California’s unfair competition law (UCL) and other laws by deceptively advertising the browser as “a private, secure web browser that does not disclose individuals’ personal information” when it allegedly allows third-party tracking of users’ data.
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July 08, 2026
SALEM, Ore. — The Oregon Supreme Court will review an appellate court’s reversal of verdicts awarding millions of dollars for economic and noneconomic damages awarded in Phase I of a bifurcated trial seeking damages from a power company accused of negligence that allegedly caused multiple Oregon wildfires in September 2020; the appellate panel reversed due to a prejudicial error in the jury instructions.
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July 07, 2026
SAN FRANCISCO — A California federal judge granted in part and denied in part a motion for summary judgment filed by the manufacturer of a wearable fitness tracker that is facing class claims for $28.2 million in damages allegedly caused by its automatic renewal of customers’ subscriptions and dismissed the plaintiffs’ claims that were brought seeking equitable restitution or injunctive relief.
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July 07, 2026
The number of Employee Retirement Income Security Act lawsuits focused on “voluntary” accident, critical illness and hospital indemnity insurance programs and filed against large employers and insurance brokers is growing, with at least three new putative class cases filed in the past few months.
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July 07, 2026
MILWAUKEE — Concluding that a plaintiff who challenged the decision to keep an allegedly underperforming stable value fund (SVF) in a retirement plan failed to state his claims because the comparators he proposed were not “meaningful benchmarks,” a Wisconsin federal judge dismissed the putative class case with prejudice; among other things, the judge said that “the potential insolvency of one out of ten wrap providers is insufficient to render the Fidelty SVF an imprudent choice.”
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July 07, 2026
SEATTLE — The U.S. Citizenship and Immigration Services’ (USCIS) Controlled Application Review and Resolution Program (CARRP), an internal vetting policy implemented in 2008, will be rescinded pursuant to a class settlement reached in a nearly decade-long case over the vetting process that was found by a federal court in Washington to have been adopted in an “arbitrary and capricious” manner.
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July 07, 2026
CHICAGO — The manufacturer of a hyaluronic acid (HA) filler injection failed to warn consumers of the risk of developing hard masses called granulomas, “hard lumps that appear lighter or darker than the surrounding skin and can be exceedingly painful to touch,” a woman alleges in a putative class action complaint filed in an Illinois federal court.