Source -
Developments in Class Action Law
Class Action Decisions Published June 2026
Highlights from this issue include:
- Class Action Fairness Act (CAFA) Jurisdiction. The Sixth Circuit held that denial of class certification does not divest federal courts of CAFA jurisdiction as jurisdiction is measured at the time an action is commenced. It also held that the CAFA removal clock cannot be equitably tolled.
- Appellate Rights. The Fourth Circuit held that a named plaintiff that settles their individual case does not have Article III standing to appeal an adverse class certification decision.
- Appellate Jurisdiction. The Fourth Circuit held that if it reverses an order dismissing a case it no longer has final judgment jurisdiction to hear an appeal to a class certification decision.
- Attorneys’ Fees. The Ninth Circuit held it is not appropriate when resolving fee disputes following a class action settlement to use a “lodestar multiplier” when (1) the fees are awarded under a contractual fee-shifting provision, (2) where the settlement agreement calls for the award of reasonable attorneys’ fees as defined by federal law, and (3) where the district court employs the lodestar method.
- CAFA Exceptions. The Seventh Circuit held the local event or occurrence exception is jurisdictional and therefore not subject to the 30-day removal deadlines.
