Updated July 10, 2023 to include Q2 data and trends.
Pierce Atwood's Class Action Defense group is pleased to present this New England and First Circuit Class Action Tracker, which focuses on the filings and decisions in state and federal courts within the boundaries of the First Circuit in New England. 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. For in-depth analysis and discussion, visit our blog First Class Defense. For questions on the information presented in this tracker, please contact Melanie Conroy at 617.488.8119 or mconroy@pierceatwood.com.
First Circuit Class Action Filing Trends
To date, there have been 205 federal class action filings in the New England district courts of the First Circuit in 2023.
New England Class Action Filings by Year - State and Federal
* Hover over graph to see totals.
The total number of 2022 state and federal court class action filings in New England remained consistent from the previous year and over a five-year period. There were 337 total class action filings in 2021 which reduced to 334 total filings in 2022, a modest 3.5% reduction over a five-year period. Filings peaked in 2019 and 2020, reflecting opposite trends at the federal and state levels. In 2019, total filings reached 419 due to a surge in state-court filings and in 2020, total filings hit 365 due to a dramatic influx of COVID-19 pandemic-related class action activity in federal courts. Although we only have data for the first half of 2023, we note that the current year is on pace to exceed the filing levels observed in 2022 with 205 state and federal court class action filings to date.
New England Class Action Filings by Case Type - Federal
* Hover over graph to see totals and click on the key to filter.
|
Case Type |
Total |
|
Data Security/Privacy |
51 |
|
Labor/Employment |
15 |
|
Consumer/Product Liability |
22 |
|
Securities |
7 |
|
Government Action/Civil Rights |
6 |
|
TCPA |
9 |
|
Antitrust |
4 |
|
Landlord/Tenant |
1 |
Federal class action cases in New England filed in the first half of 2023 reflect a wave of cybersecurity and data privacy litigation arising from data breaches and the alleged unauthorized disclosure of consumer information. Other recent filings are consumer fraud and product liability claims, followed by labor-related claims on behalf of employees, and then claims relating to securities fraud and employee retirement funds. While the proportion of the latter categories of class action cases is consistent with prior year filings, the first category represents a dramatic uptick in cybersecurity and data privacy class actions.
New England Class Action Filings by Industry - Federal
* Hover over graph to see totals and click on the key to filter.
|
Industry |
Total |
|
Healthcare |
38 |
|
Tech |
21 |
|
Retail/Manufacturing |
10 |
|
Financial/Prof. Services |
10 |
|
Food/Hospitality |
6 |
|
Government Agency |
6 |
|
Biotech/Pharma |
3 |
|
Entertainment/Travel |
4 |
|
Transportation |
3 |
|
Education |
4 |
|
Insurance |
5 |
|
Real Estate |
1 |
|
Construction |
2 |
Federal class action cases in New England filed in the first half of 2023 have targeted the healthcare industry, particularly in connection with cybersecurity and data privacy class action litigation. Other recent filings have targeted defendants in the tech, retail and manufacturing, and financial and professional services industries. While the targeting of these latter industries is consistent with prior years, the healthcare industry is facing a dramatic increase in scrutiny due to cybersecurity and data privacy class actions.
New England Class Action Filings by Court - Federal
* Hover over graph to see totals and click on the key to filter.
Federal District Court |
2018 |
2019 |
2020 |
2021 |
2022 |
1Q 2023 |
2Q 2023 |
Massachusetts |
186 |
179 |
246 |
168 |
177 |
45 |
71 |
Maine |
6 |
12 |
29 |
11 |
7 |
2 |
1 |
New Hampshire |
9 |
7 |
10 |
10 |
12 |
1 |
1 |
Rhode Island |
25 |
16 |
29 |
23 |
10 |
4 |
1 |
Total |
226 |
214 |
314 |
212 |
206 |
52 |
74 |
The vast majority of federal class action cases in New England that were filed in the first half of 2023 —over 90% — have been filed in the District of Massachusetts, followed by the District of Rhode Island, and then with lower levels of filings in the District of Maine and District of New Hampshire. This trend is consistent with prior years.
New England Class Action Filings by Court - State
* Hover over graph to see totals and click on the key to filter.
State |
2018 |
2019 |
2020 |
2021 |
2022 |
1Q 2023 |
2Q 2023 |
Massachusetts |
114 |
186 |
39 |
115 |
113 |
32 |
38 |
Maine |
1 |
12 |
8 |
4 |
4 |
1 |
3 |
New Hampshire |
1 |
0 |
3 |
3 |
6 |
0 |
5 |
Rhode Island |
4 |
7 |
1 |
3 |
5 |
0 |
0 |
Total |
120 |
205 |
51 |
125 |
128 |
33 |
46 |
The vast majority of state court class action cases in New England that were filed in the first half of 2023—nearly 90%—have been filed in the Commonwealth of Massachusetts, with no class action filings in Rhode Island state courts in 2023 thus far and similar filing rates in the other state courts. This trend is consistent with prior years.
2023 Class Action Decisions
In addition to class action filings, Pierce Atwood closely follows decisions in class action cases issued by the federal and state courts within the boundaries of the First Circuit. Below you will find a summary of recent decisions in class action cases with links to the text of those opinions, where available, and our most recent analyses on our blog First Class Defense.
First Circuit Court of Appeals (6)
CASE NAME |
CASE NUMBER |
JUDGE(S) |
DECISION DATE |
HOLDING |
APPEAL FILED |
INDUSTRY |
CASE TYPE |
|
No. 22-1896 |
Lynch (before Kayatta, Lynch, Montecalvo) |
06/30/23 |
Affirmed in part, reversed in part, remanded re: claim for emotional distress |
|
Bio/Pharm |
Consumer |
|
|
No. 22-1332 |
Carreño-Coll (before Montecalvo, Thompson, Carreño-Coll) |
06/09/23 |
Affirmed grant of summary judgment in favor of defendant manufacturer |
|
Retail |
Consumer |
|
|
No. 22-1500 |
Lynch (before Barron, Lynch, Gelpí) |
06/08/23 |
Appeal dismissed, motion for reconsideration of motion to compel arbitration not subject to interlocutory review |
|
Telecommunications |
Consumer |
|
|
No. 21-1676 |
Barron (before Barron, Lipez, Howard) |
04/26/23 |
Affirmed denial of motion to dismiss, remainder of appeal dismissed for lack of appellate jurisdiction |
|
Education |
Employment |
|
|
No. 22-1451 |
Kayatta (before Kayatta, Lynch, Gelpí) |
04/19/23 |
Reversed dismissal of complaint and remanded |
|
Education |
Consumer |
|
|
No. 22-1101 |
Kayatta (before Barron, Howard, Kayatta) |
03/03/23 |
Vacated and remanded re: denial of motion to compel arbitration |
|
Retail |
Employment |
District of Maine (4)
CASE NAME |
CASE NUMBER |
JUDGE |
DECISION DATE |
HOLDING |
APPEAL FILED |
INDUSTRY |
CASE TYPE |
|
No. 1:22-cv-00375-NT |
Torresen |
06/20/23 |
Motion to dismiss granted in part |
|
Insurance |
Consumer |
|
|
Castillo v. Brown |
No. 2:20-cv-00243-JAW |
Woodcock |
06/08/23 |
Motion to dismiss granted |
|
Education |
Consumer |
|
No. 2:22-cv-00132-JAW |
Woodcock |
01/17/23 |
Motion to compel arbitration granted |
|
Financial Svcs. |
Consumer |
|
|
No. 2:20-cv-00296-JAW |
Woodcock |
01/01/23 |
Class action settlement approved |
|
Automotive Service |
Employment |
District of Massachusetts (40)
CASE NAME |
CASE NUMBER |
JUDGE |
DECISION DATE |
HOLDING |
APPEAL FILED |
INDUSTRY |
CASE TYPE |
|
No. 22-CV-11309-AK |
Kelley |
06/30/23 |
Motion to dismiss denied |
|
Retail |
Consumer |
|
|
No. 22-cv-11977-DJC |
Casper |
06/26/23 |
Motion to compel arbitration granted |
|
Retail |
Consumer |
|
|
No. 1:20-cv-11862-IT |
Talwani |
06/20/23 |
Motion to certify FLSA collective action granted, motion to strike pre-certification consents denied |
|
Education |
Employment |
|
|
No. 23-10626-RGS |
Stearns |
06/16/23 |
Motion to dismiss granted for lack of subject matter jurisdiction |
|
Retail |
Consumer |
|
|
No. 4:18-11905-TSH |
Hillman |
06/07/23 |
Motion to compel class list granted in part, denied in part |
|
Transportation |
Employment |
|
|
No. 3:17-cv-30116-KAR |
Robertson |
05/22/23 |
Motion to compel granted |
|
Transportation |
Employment |
|
|
No. 19-12341-NMG |
Gorton |
05/19/23 04/06/23 |
Motion for summary judgment in favor of defendant granted; Motion for class certification denied |
06/05/23 |
Energy |
Consumer |
|
|
No. 23-CV-10467-AK |
Kelley |
05/18/2023 |
Class action settlement approved |
|
Financial Svcs. |
Consumer |
|
|
No. 20-11021-NMG |
Gorton |
05/17/23 |
Motion for class certification denied |
|
Education |
Consumer |
|
|
No. 20-cv-11740-DJC |
Cabell |
05/10/23 |
Motion to compel denied; motion for protective order and to quash granted in part |
|
Education |
Consumer |
|
|
Issokson v. Ins. Co. of N. Am. |
No. 3:18-cv-30070-MGM |
Mastroianni |
05/04/23 |
Motion to exclude expert testimony on class certification denied |
|
Insurance |
Consumer |
| No. 1:20-cv-11898-IT | Talwani | 04/27/23 | Motion for attorney’s fees and costs granted in favor of defendant | Financial Svcs. | Retail | ||
|
Offley v. Fashion Nova, LLC |
No. 1:22-cv-10603-IT |
Talwani |
04/21/23 |
Motion to compel arbitration denied |
|
Retail |
Consumer |
|
No. 22-11139-JGD |
Dein |
04/18/23 |
Motion by defendant for motion for judgment on the pleadings granted |
|
|
|
|
|
Tyngsboro Sports II Solar, LLC v. National Grid USA Service Co., Inc. |
No. 22-11791-RGS |
Stearns |
04/18/23 |
Motion to dismiss granted on jurisdictional grounds |
04/28/23 |
Energy |
Consumer |
|
No. 20-10827-RGS |
Stearns |
04/07/23 |
Motions for summary judgment granted in favor of defendant, denied as to plaintiff; motion to exclude plaintiff’s expert testimony granted, motion for class certification denied as moot |
04/26/23 |
Education |
Consumer |
|
|
No. 19-10553-TSH |
Hillman |
03/31/23 |
Motion to amend denied |
05/08/23 |
Financial Svcs. |
Consumer |
|
|
Ford v. Takeda Pharm. U.S.A., Inc. |
No. 1:21-cv-10090-WGY |
Young |
03/31/23 |
Motion for attorney’s fees and class representative award granted |
|
Bio/Pharm |
Securities |
|
No. 21-cv-10111-GAO |
O’Toole |
03/31/23 |
Motion to dismiss granted in part |
|
Manufacturing |
Consumer |
|
|
Oklahoma Firefighters Pension and Retirement Sys. V. Biogen Inc. |
No. 22-10200-WGY |
Young |
03/29/23 |
Motion to dismiss granted |
|
Bio/Pharm |
Securities |
|
No. 21-10933-WGY |
Young |
03/29/23 |
Motion to dismiss granted |
|
Bio/Pharm |
Securities |
|
|
No. 1:22-cv-10298-ADB |
Burroughs |
03/27/23 |
Motion to dismiss granted in part |
|
Financial Svcs. |
Contract |
|
|
No. 18-10701-GAO |
O’Toole |
03/27/23 |
Motion to dismiss granted |
|
Manufacturing |
Consumer |
|
|
Waldner v. Natixis Investment Managers, L.P. |
No. 21-cv-10273-LTS |
Levenson |
03/24/23 |
Motion for class certification granted in part, denied in part |
|
Financial Svcs. |
Securities |
|
No. 1:19-CV-12189-IT |
Talwani |
03/22/23 |
Motion for class certification granted, defendants’ motion for summary judgment denied, plaintiffs’ motion for summary judgment granted in part |
|
Entertainment |
ERISA |
|
|
No. 22-CV-10487 |
Zobel |
03/21/23 |
Motion to dismiss denied |
|
Financial Svcs. |
TCPA |
|
|
Burgos v. Youth on the Move, Inc. |
No. 22-30031-MGM |
Mastroianni |
03/21/23 |
Motion to conditionally certify FLSA collective action granted |
|
Transportation |
Employment |
|
No. 17-12360-FDS |
Saylor |
03/13/23 |
Motion for class certification denied, plaintiffs’ motions to amend and for summary judgment denied, defendant’s motion for summary judgment granted |
|
Insurance |
Contract |
|
|
No. 22-cv-10613-DJC |
Casper |
03/10/23 |
Motion to dismiss granted in part |
|
Insurance |
Contract |
|
|
No. 22-10510-FDS |
Saylor |
03/10/23 |
Motion to dismiss individual defendant granted |
|
Insurance |
TCPA |
|
|
No. 19-cv-11679-ADB |
Burroughs |
02/27/23 |
Defendants’ motion for summary judgment granted |
|
Hospitality |
Consumer |
|
|
Schaer v. Newell Brands Inc. |
No. 3:22-CV-30004-MGM |
Mastroianni |
02/16/23 |
Motion to dismiss granted in part |
|
Manufacturing |
Consumer |
|
No. 20-cv-11740-DJC |
Casper |
02/14/23 |
Motion to dismiss and strike class allegations denied |
|
Education |
Consumer |
|
|
No. 22-cv-10539-ADB |
Burroughs |
02/10/23 |
Motion to dismiss granted |
|
Insurance |
Contract |
|
|
No. 22-CV-10211-AK |
Kelley |
02/09/23 |
Motion to dismiss granted in part |
|
Manufacturing |
Consumer |
|
|
No. 21-11901-WGY |
Young |
02/03/23 |
Motion for class certification granted |
|
Retail |
Employment |
|
|
No. 1:20-CV-11736-RWZ |
Zobel |
01/25/23 |
Plaintiff’s motion for summary judgment granted, defendant’s motion for summary judgment denied |
|
Financial Svcs. |
Debt Collection |
|
|
No. 23-10088-LTS |
Sorokin |
01/23/23 |
Motion for class certification denied, motion for preliminary injunction denied |
|
Government |
Civil Rights |
|
|
No. 4:20-12015-TSH |
Hillman |
01/09/23 |
Motion to dismiss granted in part |
|
Government |
Civil Rights |
|
|
No. 17-11414-NMG |
Gorton |
01/04/23 |
Plaintiff’s motion for summary judgment granted, defendant’s motion for summary judgment denied |
|
Retail |
Contract |
District of New Hampshire (6)
CASE NAME |
CASE NUMBER |
JUDGE |
DECISION DATE |
HOLDING |
APPEAL FILED |
INDUSTRY |
CASE TYPE |
|
No. 18-cv-1039-LM |
McCafferty |
05/12/23 |
Motion to dismiss denied, motion to supplement granted in part |
|
Government |
Civil Rights |
|
|
No. 1:21-cv-668-JL |
Laplante |
04/18/23 |
Motion to conditionally certify FLSA collective action granted |
|
Prof. Svcs. |
Employment |
|
|
No. 21-cv-25-PB |
Barbadoro |
04/17/23; 03/28/23
|
Motion for class certification denied; Defendants’ partial motion for summary judgment granted |
|
Government |
Civil Rights |
|
|
No. 22-cv-346-JL |
Laplante |
03/22/23 |
Motion to compel arbitration and motion to dismiss denied |
|
Financial Svcs. |
TCPA |
|
|
No. 18-cv-1039-LM |
McCafferty |
02/23/23 |
Intervenors’ motion for summary judgment granted in part |
|
Government |
Civil Rights |
|
|
No. 19-cv-1025-JL |
Laplante |
02/10/23 |
Motion for class certification denied |
|
Manufacturing |
Consumer |
District of Rhode Island (3)
CASE NAME |
CASE NUMBER |
JUDGE |
DECISION DATE |
HOLDING |
APPEAL FILED |
INDUSTRY |
CASE TYPE |
|
No. 71-4523JJM |
Sullivan |
06/06/23 |
Motion to intervene denied |
|
Government |
Civil Rights |
|
|
No. 15-450-JJM-LDA |
McConnell |
03/16/23 |
Plaintiffs’ motion for summary judgment granted, defendants’ motion for summary judgment denied |
|
Government |
Civil Rights |
|
|
No. 1:20-cv-00295-JJM-LDA, No. 1:20-cv-00465-JJM-LDA |
McConnell |
01/31/23 |
Defendant’s motion for summary judgment granted |
|
Education |
Contract |
Sources: Westlaw, Courthouse News Service