Updated November 14, 2025 to include Q3 2025.

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 the third quarter of 2025, there were 115 total state and federal class action filings in the New England courts within the bounds of the First Circuit. This total, at a 110% pace over the third quarter of 2024, represents a sustained trend of increased class action filings in New England.

New England Class Action Filings by Year - State and Federal

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From 2019 through 2024, state and federal court class action filings in New England displayed a U-shaped trend, with an average of 374 new cases per year. Pre-pandemic filings in 2019 totaled 419, dropping to an average of 345 filings per year in the 2020-2022 period that was defined by the COVID-19 pandemic. Filing rates rebounded in 2023, with a total of 413 filings and soared in 2024 when 444  state and federal class actions were filed, the highest level observed as of that date. Year-over-year, total class action filings in 2024 rose 7.5% over 2023 levels and exceeded pre-pandemic levels. We observed these trends even when excluding transferred multidistrict filings. This dramatic uptick in class action filings has continued into 2025, with filings to date skyrocketing above 2024 levels. Remarkably, as of the third quarter of 2025, total class action filings across just the first nine months of 2025 have already exceeded annual filings for all prior years, including the historic 2024 levels. Regardless of the number of filings in the final quarter of 2025, total state and federal court class action filings in New England will set new record highs by a significant margin at the close of the year.

2025 New England Class Action Filings by Case Type - Federal

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Federal class action cases in New England filed in the first half of 2025 reflect an ongoing onslaught of cybersecurity and data privacy litigation arising from data breaches and the alleged unauthorized disclosure and/or use of consumer information, including TCPA claims. The most asserted theories underlying data security and privacy class action claims were the exposure of personally identifiable information in a data breach and the receipt of unsolicited telephone calls and text messages. There were also significant levels of cases based on labor-related claims on behalf of employees, followed by consumer fraud and product liability claims, civil rights suits filed against government defendants, and then claims relating to securities fraud and employee retirement funds. These trends are similar to those observed in federal filings throughout 2024, apart from a marked rise in civil rights class action activity.

2025 New England Class Action Filings by Industry - Federal

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Federal class action cases in New England filed in the first three quarters of 2025 have primarily targeted the health care, technology, professional/financial services, and retail/manufacturing industries, particularly in connection with cybersecurity and data privacy class action litigation. There were also significant levels of filings that targeted defendants in the biotechnology and pharmaceutical industries and government entity defendants. These trends are similar to those observed in federal filings throughout 2024, except for a significant increase in suits filed against government entity defendants.

New England Class Action Filings by Court - Federal

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^{*Note that the 2023 through 2025 federal filings in the District of Massachusetts do not include the hundreds of 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 and assigning all listed actions to the District of Massachusetts and to Judge Allison D. Burroughs for consolidated pretrial proceedings.}

The overwhelming majority of federal class action cases in New England filed in the first three quarters of 2025—over 77%--were filed in the District of Massachusetts, followed by the District of Rhode Island, the District of Maine, and finally the District of New Hampshire. This allocation is consistent with prior years. The pace of federal court filings in 2025 to date has represented a dramatic increase over prior years, with total federal class actions in 2025 already exceeding annual totals for five out of the past six years.

New England Class Action Filings by Court - State

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The vast majority of state court class action cases in New England filed in the first half of 2025—over 80%--were filed in the Commonwealth of Massachusetts, with 35 total class action filings in other state courts. This pattern is consistent with prior years. State court class action filings in just the three quarters of 2025 have already exceeded the total annual filings in 2020 through 2024 and are on pace to set a new historical high point.

Sources: Westlaw, Courthouse News Service