First Class Defense

Tag: Rule 23

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Massachusetts Court Denies Certification of Privacy Class Action for Failure to Meet Ascertainability Requirement

March 26, 2025 / May 14, 2025 by Samih Eloubeidi

On February 14, 2025, in Therrien v. Hearst Television, Inc., the District of Massachusetts denied a motion for class certification due to the plaintiff’s failure to meet the implied ascertainability requirement of Rule 23. The court concluded that the named plaintiff’s claims for unlawful disclosure of personally identifiable information could not be maintained on a […]

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Massachusetts Court Decertifies Class Action Against Medical School Over Deceptive Advertising Claims

January 8, 2025 by Melanie Conroy

The District of Massachusetts recently issued an opinion decertifying a class of medical students formerly enrolled at Saba University School of Medicine, a for-profit medical school in the Dutch Caribbean that is headquartered in Massachusetts. The reversal followed the court’s initial tentative certification under Federal Rule 23, issued from the bench immediately after oral argument. […]

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First Circuit Revives Privacy Class Action Based on Injury and Predominance

September 30, 2024 by Melanie Conroy

This summer, the First Circuit revived a privacy class action based on debt collection practices. In Nightingale v National Grid USA Service Company, the district court granted summary judgment in favor of the defendants and denied class certification. On appeal, the First Circuit vacated and remanded, focusing its analysis on (1) whether the Plaintiff alleged […]

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Supreme Court Declines to Take Up Circuit Split on Whether Courts May Grant Class Certification by Averaging Different Class Member Damages

April 30, 2024 by Melanie Conroy

On April 29, 2024, the Supreme Court issued an Order List indicating that certiorari had been denied in Brinker International, Inc. v. Steinmetz, Docket No. 23-648. The Eleventh Circuit Brinker Decision Brinker was a July 2023 Eleventh Circuit decision affirming class certification and holding that class members’ exposure of their payment information to the dark web […]

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District of Maine Applies the First Circuit’s Murray Decision to Approve Class Action Settlement

April 27, 2023 by Melanie Conroy

In early 2023, the District of Maine was the first district court to apply and interpret a recent and notable First Circuit ruling that should be top-of-mind for class action attorneys and litigants seeking approval of settlements for cases brought on behalf of multiple plaintiff classes and including class representative incentive awards. That notable First […]

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Even With Common Questions, Chapter 93A Deceptive Marketing Claims Are Ill-Suited for Class Treatment

August 20, 2019 by Melanie Conroy

Earlier this month, in Plastic Surgery Associates, SC v. Cynosure, Inc., United States District Judge Denise Casper denied plaintiffs’ motion for class certification and allowed Cynosure’s motion for summary judgment on claims arising from the marketing of a medical device intended to reduce body fat. The decision provides a searching and instructive analysis of the […]

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The District of Massachusetts Declines to Strike FCRA Class Claims in McIntyre v. RentGrow, Inc.

August 6, 2019 / April 29, 2021 by Melanie Conroy

In McIntyre v. RentGrow, Inc., No. 18-cv-12141-ADB, the District of Massachusetts recently denied a defendant’s motion to dismiss or to strike class claims in a putative Fair Credit Reporting Act (“FCRA”) action. The plaintiff’s complaint asserted FCRA claims on behalf of a nationwide class of tenants allegedly harmed by the defendant’s tenant screening reports that […]

Pierce Atwood is pleased to present this class action blog with a focus on decisions of the state and federal courts within the boundaries of the First Circuit. With decades of national class action experience and offices in every First Circuit state, our goal is to serve as a primary resource for companies that face class litigation in Massachusetts, Maine, New Hampshire and Rhode Island, as well as to provide timely information about significant class action developments, strategies and trends on a national level.

Pierce Atwood’s Class Action Defense team has also started tracking filings and decisions in state and federal courts within the boundaries of the First Circuit in New England.

View our New England and First Circuit Class Action Tracker on our firm website.