Updated February 16, 2024 to include 2023 Q4 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

In 2023, there were 413 total state and federal class action filings in the New England courts within the bounds of the First Circuit. This total represents a sharp increase in New England class action filings from the prior year.

New England Class Action Filings by Year - State and Federal

* Hover over graph to see totals.

From 2018 through 2022 state and federal court class action filings in New England were relatively consistent, with an average of 357 new cases per year. Prior high points were noted 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. Total class action filings in 2023 exceeded the average of these prior high-points, with a 24% increase in filings over 2022. These trends are observed when excluding transferred multidistrict filings that, if included, would have brought the 2023 total to 613. 

2023 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

120

Consumer/Product Liability

41

Labor/Employment

36

Securities/ERISA

15

TCPA

14

Civil Rights/Environmental 11

Antitrust

5

Other

13

Federal class action cases in New England filed in 2023 reflect a wave of cybersecurity and data privacy litigation arising from data breaches and the alleged unauthorized disclosure of consumer information. There were also significant levels of cases based on 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.

2023 New England Class Action Filings by Industry - Federal

* Hover over graph to see totals and click on the key to filter.

Industry

Total

Healthcare

56

Tech

54

Retail/Manufacturing

35

Financial/Prof. Services

23

Insurance

15

Government

11

Education

9

Biotech/Pharma

9

Food/Hospitality

10

Transportation

6

Entertainment/Travel

5

Real Estate

4

Construction

2

Energy 8
Other 14

Federal class action cases in New England filed in 2023 have primarily targeted the healthcare and technology industries, particularly in connection with cybersecurity and data privacy class action litigation. There were also significant levels of filings that targeted defendants in the retail/manufacturing and financial/professional services industries. While the targeting of these latter industries is consistent with prior years, the healthcare and technology industries are 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
2023
1Q 2023
2Q 2023
3Q 2023
4Q 2023
Massachusetts

186

179

246

168

177

242

45

71 78 48
Maine

6

12

29

11

7

4

2

1 0 1
New Hampshire

9

7

10

10

12

9

1

1 5 2
Rhode Island

25

16

29

23

10

12

4

1 4 3
Total

226

214

314

212

206

267

52

74 87 54

*Note that the total federal filings in the District of Massachusetts for the fourth quarter of 2023 does not include the 200 cases that were transferred and consolidated into the lead case In re: MOVEit Customer Data Security Breach Litigation (1:23-md-03083) pursuant to the transfer order from the Judicial Panel on Multidistrict Litigation dated October 4, 2023 transferring all listed actions to the District of Massachusetts and assigning them to Judge Allison D. Burroughs for consolidated pretrial proceedings. Had these transferred filings been included, the total District of Massachusetts filings in the fourth quarter of 2023 would have been 248 and the total New England federal district court filings for 2023 would have been 467.

The overwhelming majority of federal class action cases in New England filed in 2023—over 90%--were 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
2023
1Q 2023
2Q 2023
3Q 2023
4Q 2023
Massachusetts

114

186

39

115

113

129

32

38 34 25
Maine

1

12

8

4

4

8

1

3 3 1
New Hampshire

1

0

3

3

6

9

0

5 3 1
Rhode Island

4

7

1

3

5

0

0

0 0 0
Total

120

205

51

125

128

146

33

46 40 27

The vast majority of state court class action cases in New England filed in 2023—over 90%--were filed in the Commonwealth of Massachusetts, with no class action filings in Rhode Island state courts in 2023 and similar filing rates in the other state courts. This trend is consistent with prior years.

2023 Federal 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 (13)

CASE NAME

CASE NUMBER

JUDGE(S)

DECISION DATE

HOLDING

INDUSTRY

CASE TYPE

Burt v. Board of Trustees of University of Rhode Island

Nos. 23-1188, 23-1192

Selya (before Kayatta, Selya, Gelpí)

10/13/23

Affirmed grant of summary judgment in favor of defendant university

Education

Consumer

Shash v. Biogen, Inc.

No. 22-1773

Gelpí (before Barron, Howard, Gelpí)

10/11/23

Affirmed in part, reversed dismissal of one claim and remanded for further proceedings

Biotechnology/Pharmaceutical

Securities

Merullo v. Amica Mutual Insurance Company

No. 23-1005

Kayatta (before Kayatta, Lipez, Gelpí)

09/20/23

Affirmed dismissal of plaintiff’s claims

Insurance

Consumer

DiCroce v. McNeil Nutritionals, LLC

No. 22-1910

Gelpí (before Kayatta, Gelpí, Montecalvo)

09/18/23

Affirmed dismissal of plaintiff’s claims on different grounds

Retail/Manufacturing

Consumer

Patel v. 7-Eleven, Inc.

No. 23-1043

Per Curiam (before Montecalvo, Selya, Thompson

08/29/23

Certified question to the Massachusetts Supreme Judicial Court

Retail/Manufacturing

Employment

Roe v. Healy

No. 22-1740

Kayatta (before Kayatta, Selya, Howard)

08/14/23

Affirmed dismissal of plaintiff’s claims

Government

Civil Rights

Marcus v. American Contract Bridge League

Nos. 22-1134, 22-1135

Montecalvo (before Kayatta, Howard, Montecalvo)

08/14/23

Affirmed in part, reversed summary judgment on overtime claims in favor of defendant, reversed denial of plaintiff’s motion to substitute party

Entertainment

Employment

Webb v. Injured Workers Pharm., LLC

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

Ferrari v. Vitamin Shoppe Indus. LLC

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

Powers v. Receivables Performance Mgmt., LLC

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

Posada v. Cultural Care, Inc.

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

Kleiner v. Cengage Learning Holdings II, Inc.

No. 22-1451

Kayatta (before Kayatta, Lynch, Gelpí)

04/19/23

Reversed dismissal of complaint and remanded

Education

Consumer

Fraga v. Premium Retail Svcs., Inc.

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 (5)

CASE NAME

CASE NUMBER

JUDGE

DECISION DATE

HOLDING

APPEAL FILED

INDUSTRY

CASE TYPE

Demmons v. ND OTM LLC

No. 1:22-cv-00305-NT

Torresen

09/12/23

Motion to dismiss granted in part

 

Manufacturing

Environmental

Thurston v. Progressive Casualty Ins. Co.

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

Alonso v. Am. Express Co.

No. 2:22-cv-00132-JAW

Woodcock

01/17/23

Motion to compel arbitration granted

 

Financial Svcs.

Consumer

Purinton v. Moody’s Co-Worker Owned, Inc.

No. 2:20-cv-00296-JAW

Woodcock

01/01/23

Class action settlement approved

 

Automotive Service

Employment

District of Massachusetts (53)

CASE NAME

CASE NUMBER

JUDGE

DECISION DATE

HOLDING

APPEAL FILED

INDUSTRY

CASE TYPE

Doe v. Atrius Health, Inc.

No. 22-12196-FDS

Saylor

10/20/23

Motion to remand granted

 

Healthcare

Privacy

Katz v. Liberty Power Corp., LLC

No. 18-cv-10506-ADB

Cabell

09/22/23

Motion to amend denied

 

Energy

TCPA

Offley v. Fashion Nova, LLC

No. 1:22-cv-10603-IT

Talwani

09/22/23; 04/21/23

Motion to dismiss granted in part; motion to compel arbitration denied

 

Retail

Consumer

Luongo v. Desktop Metal, Inc.

No. 1:21-cv-12099-IT,

consolidated with: Nos. 1:22-cv-10059-IT, 1:22-cv-10173-IT, 1:22-cv-10297-IT

Talwani

09/20/23

Motion to dismiss granted

 

Manufacturing

Securities

Cullinane v. Uber Technologies, Inc.

No. 14-14750-DPW

Woodlock

09/19/23

Ordered that cy pres award be directed to US Department of Treasury

 

Transportation

Employment

Frawley v. Nexstar Media Group, Inc.

No. 1:23-CV-10384-AK

Kelley

09/18/23

Motion to dismiss granted for lack of personal jurisdiction

 

Media

Privacy

Webb v. Injured Workers Pharmacy, LLC

No. 22-cv-10797

Stearns

09/12/23

Motion to dismiss granted in part

 

Pharmaceutical

Privacy

In re Fresenius GranuFlo/Nautralyte Dialysate Products Liability Litigation

No. 18-12231-NMG

Gorton

09/07/23

Granting motion to dismiss claims not subject to American Pipe tolling

 

Healthcare

Product Liability

Ryan v. Greif, Inc.

No. 22-cv-40089-MRG

Hennessy

09/01/23

Report and recommendation to grant motion to dismiss in part

 

Manufacturing

Environmental

Mongue v. Wheatleigh Corporation

No. 3:18-cv-30095-KAR

Robertson

08/23/23

Motion for preliminary approval of class settlement granted

 

Food & Hospitality

Employment

Muniz v. RXO Last Mile, Inc.

No. 4:18-11905-TSH

Hillman

08/21/23

Motion for partial summary judgment in favor of plaintiffs granted

 

Transportation

Employment

MW Gestion v. 1Globe Capital LLC

No. 22-11315-NMG

Gorton

08/18/23

Motion to dismiss granted in part

 

Financial Services

Securities

Desmarais v. Ocean Spray Cranberries, Inc.

No. 22-cv-11904-ADB

Burroughs

08/18/23

Motion to conditionally certify FLSA collective action granted in part

 

Food & Hospitality

Employment

Rosenthal v. Bloomingdale's, Inc.

No. 22-11944-NMG

Gorton

08/11/23

Motion to dismiss granted for lack of personal jurisdiction

 

Retail

Privacy

Turner v. Liberty Mutual Retirement Benefit Plan

No. 20-11530-FDS

Saylor

08/11/23

Motion for summary judgment granted in part

 

Insurance

Securities

Adams v America’s Test Kitchen, LP

No. 22-CV-11309-AK

Kelley

06/30/23

Motion to dismiss denied

 

Retail

Consumer

Fairfield v. DCD Auto. Hldgs., Inc.

No. 22-cv-11977-DJC

Casper

06/26/23

Motion to compel arbitration granted

 

Retail

Consumer

Posada v. Cultural Care, Inc.

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

Kelledy v. Dunkin’ Brands, Inc.

No. 23-10626-RGS

Stearns

06/16/23

Motion to dismiss granted for lack of subject matter jurisdiction

 

Retail

Consumer

Muniz v. RXO Last Mile, Inc.

No. 4:18-11905-TSH

Hillman

06/07/23

Motion to compel class list granted in part, denied in part

 

Transportation

Employment

Roy v. FedEx Ground Package Sys., Inc.

No. 3:17-cv-30116-KAR

Robertson

05/22/23

Motion to compel granted

 

Transportation

Employment

Nightingale v. National Grid USA Service Co., Inc.

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

Meaden v. HarborOne Bank

No. 23-CV-10467-AK

Kelley

05/18/2023

Class action settlement approved

 

Financial Svcs.

Consumer

Omori v. Brandeis Univ.

No. 20-11021-NMG

Gorton

05/17/23

Motion for class certification denied

 

Education

Consumer

Douglas v. EF Education First Int’l, Ltd.

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. Connecticut General Corporation

No. 3:18-cv-30070-MGM

Mastroianni

05/04/23

Motion to exclude expert testimony on class certification denied

 

Insurance

Consumer

Carter v. Quicken Loans, LLC

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

Bertolino v. Sequium Asset Solutions, LLC

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

In re: Boston Univ. COVID-19 Refund Litig.

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

Estate of Orre v. Ocwen Loan Svc., LLC

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

Awalt v. General Motors LLC

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

Quinones v. Frequency Therapeutics, Inc.

No. 21-10933-WGY

Young

03/29/23

Motion to dismiss granted

 

Bio/Pharm

Securities

Eggiman v. Bank of Am., N.A.

No. 1:22-cv-10298-ADB

Burroughs

03/27/23

Motion to dismiss granted in part

 

Financial Svcs.

Contract

Slawsby v. Champion Petfoods USA, Inc.

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

Glynn v. Martin Sports & Ent., LLC

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

Manoogian v. LoanCare, LLC

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

Martins v. Vermont Mut. Ins. Co.

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

Martorana v. Progressive Direct Ins. Co.

No. 22-cv-10613-DJC

Casper

03/10/23

Motion to dismiss granted in part

 

Insurance

Contract

Doane v. Benefytt Techs., Inc.

No. 22-10510-FDS

Saylor

03/10/23

Motion to dismiss individual defendant granted

 

Insurance

TCPA

Schuster v. Wynn Resorts Hldgs., LLC

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

Douglas v. EF Institute for Cultural Exchange, Inc.

No. 20-cv-11740-DJC

Casper

02/14/23

Motion to dismiss and strike class allegations denied

 

Education

Consumer

Reese v. Progressive Direct Ins. Co.

No. 22-cv-10539-ADB

Burroughs

02/10/23

Motion to dismiss granted

 

Insurance

Contract

Rezendes v. Mitsubishi Motors N. Am., Inc.

No. 22-CV-10211-AK

Kelley

02/09/23

Motion to dismiss granted in part

 

Manufacturing

Consumer

Prinzo v. Hannaford Bros. Co., LLC

No. 21-11901-WGY

Young

02/03/23

Motion for class certification granted

 

Retail

Employment

Rocke v. Monarch Recovery Mgmt., Inc.

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

Lucero v. Coppinger

No. 23-10088-LTS

Sorokin

01/23/23

Motion for class certification denied, motion for preliminary injunction denied

 

Government

Civil Rights

K.O. v. U.S.

No. 4:20-12015-TSH

Hillman

01/09/23

Motion to dismiss granted in part

 

Government

Civil Rights

Patel v. 7-Eleven, Inc.

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 (8)

CASE NAME

CASE NUMBER

JUDGE

DECISION DATE

HOLDING

APPEAL FILED

INDUSTRY

CASE TYPE

Doe v. Commn’r NH Dept. of Health and Human Svcs.

No. 18-cv-1039-LM

McCafferty

05/12/23, 10/11/23

Motion to dismiss denied, motion to supplement granted in part; motion for entry of final judgment denied

 

Government

Civil Rights

Liberty Mutual Fire Insurance Company v. SoClean, Inc.

No. 1:22-cv-00079-JL

Laplante

08/18/23

Motion to dismiss granted in part, denied as to declaratory judgment claim related to underlying class actions

 

Manufacturing/Insurance

Consumer

Grenier v. Granite State Credit Union

No. 21-cv-534-LM

McCafferty

08/02/23

Unopposed motion for preliminary approval of class action settlement granted

 

Financial Services

Consumer

McCarthy v. Medicus Healthcare Solutions, LLC

No. 1:21-cv-668-JL

Laplante

04/18/23

Motion to conditionally certify FLSA collective action granted

 

Prof. Svcs.

Employment

Fitzmorris v. Commn’r NH Dept. of Health and Human Svcs.

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

Daschbach v. Rocket Mortgage, LLC

No. 22-cv-346-JL

Laplante

03/22/23

Motion to compel arbitration and motion to dismiss denied

 

Financial Svcs.

TCPA

Doe v. Commn’r NH Dept. of Health and Human Svcs.

No. 18-cv-1039-LM

McCafferty

02/23/23

Intervenors’ motion for summary judgment granted in part

 

Government

Civil Rights

Ortiz v. Sig Sauer, Inc.

No. 19-cv-1025-JL

Laplante

02/10/23

Motion for class certification denied

 

Manufacturing

Consumer

District of Rhode Island (4)

CASE NAME

CASE NUMBER

JUDGE

DECISION DATE

HOLDING

APPEAL FILED

INDUSTRY

CASE TYPE

Metcalfe v. Grieco Hyundai LLC

No. 22-378-JJM-LDA

McConnell

10/03/23

Motion to strike or dismiss class action claims denied

 

Retail

Consumer

Coalition of Black Leadership v. Doorley

No. 71-4523JJM

Sullivan

06/06/23

Motion to intervene denied

 

Government

Civil Rights

Chapdelaine v. Neronha

No. 15-450-JJM-LDA

McConnell

03/16/23

Plaintiffs’ motion for summary judgment granted, defendants’ motion for summary judgment denied

 

Government

Civil Rights

Burt v. University of Rhode Island

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