Updated September 22, 2026 to include Q2 2026.

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 second quarter of 2026, there were 146 total state and federal class action filings in the New England courts within the bounds of the First Circuit. In the second quarter of 2025, there were 207 total class action filings, a high-water mark that has not been matched in subsequent quarters. Second quarter filings in 2026 represent a sustained trend of increased class action filings in New England and the potential for total filings in 2026 to match volumes set in 2025.

New England Class Action Filings by Year - State and Federal

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From 2019 through 2025, state and federal court class action filings in New England followed a J-shaped slope. 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 and 2024, with 413 and 444 total filings, respectively. In 2025, the number of state and federal class actions soared to 604 total case, the highest level observed to date. Year-over-year, total class action filings in 2025 rose 15% over 2024 levels and exceeded pre-pandemic levels by 18%. We observed these trends even when excluding transferred multidistrict filings. This dramatic uptick in class action filings is now a sustained trend that has continued into the first two quarters of 2026.

2026 New England Class Action Filings by Case Type - Federal

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New England federal class action cases in filed in the first half of 2026 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 case filings based on alleged securities law and ERISA violations, labor-related claims on behalf of employees, and civil rights suits filed against government defendants. These trends are consistent with those observed in federal filings throughout 2025, which included a marked rise in civil rights class action activity.

2026 New England Class Action Filings by Industry - Federal

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Federal class action cases in New England filed in the first half of 2026 have primarily targeted the professional/financial services, retail/manufacturing, 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 biotechnology and pharmaceutical industries and government entity defendants. These trends are similar to those observed in federal filings throughout 2025, which saw 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 second quarter of 2026—over 78%--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 represents a downturn from recent filing levels in the District of Maine and increased activity across the other districts. The pace of federal court filings in 2026 to date represents a sustained increase over prior years, with total federal class actions in 2026 on pace to near or exceed the prior historic high water mark. 

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 second quarter of 2026—over 79%--were filed in the Commonwealth of Massachusetts, with just 12 out of 59 total class action filings in other state courts. This pattern is consistent with prior years. State court class action filings in 2026 are on pace to meet or exceed the historical average from 2020 through 2025. 

Sources: Westlaw, Courthouse News Service