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

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 (4)

CASE NAME
CASE NUMBER
JUDGE
DECISION DATE
HOLDING
APPEAL FILED
INDUSTRY
CASE TYPE

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 (40)

CASE NAME
CASE NUMBER
JUDGE
DECISION DATE
HOLDING
APPEAL FILED
INDUSTRY
CASE TYPE

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. 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

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

Offley v. Fashion Nova, LLC

No. 1:22-cv-10603-IT

Talwani

04/21/23

Motion to compel arbitration denied

 

Retail

Consumer

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 (6)

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

Motion to dismiss denied, motion to supplement granted in part

 

Government

Civil Rights

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 (3)

CASE NAME
CASE NUMBER
JUDGE
DECISION DATE
HOLDING
APPEAL FILED
INDUSTRY
CASE TYPE

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