Class action litigation is a staple of the American judicial system. The volume of class action filings has increased each year for the past decade, and 2025 is likely to follow that trend. Given the massive class action settlement figures documented in 2022, 2023, and 2024, coupled with the ever- developing case law under Rule 23, corporations can expect more lawsuits, expansive class theories, and an aggressive plaintiffs’ bar in 2025. The DMCAR is a one-of-its-kind publication analyzing class action trends, decisions, and settlements in 23 areas of law impacting Corporate America.
We developed this one-of-a-kind resource to provide a practical desk reference for corporate counsel faced with defending class action litigation. We have organized this year’s book into 23 chapters, with seven appendices, each of which provides an analysis of the trends in a particular area of class action litigation, along with the key decisions from courts across the country that companies can use to shape their defense strategies.
The plaintiffs’ bar in 2024 filed more wage and hour class and collective actions against companies than any other type of complex litigation, resulting in outsized importance for this area of substantive law.
The playbook of the plaintiffs’ class action bar in data breach cases continues to press the legal envelope on how courts are willing to interpret injuries stemming from data breaches and methods for calculating damages.
Privacy class actions have outpaced filings in other areas of law in terms of growth, likely due to the relative newness of this area of law, lack of clarity on how to interpret these statutes, and stiff statutory penalties for violations.
The surge of class action litigation filed under the Employee Retirement Income Security Act (ERISA), 29 U.S.C. §§ 1001 et seq., over the last decade persisted in 2024. Class action litigators in the plaintiffs’ bar continuing to focus on challenges to ERISA fiduciaries’ management of 401(k) and other retirement plans.
The EEOC is one of the most aggressive federal agencies in terms of prosecuting government enforcement litigation. This Review focuses on EEOC litigation in 2024 and the types of legal issues spawned by that litigation.
As with previous years, claims filed under the California Private Attorneys General Act (PAGA), Cal. Lab. Code, § 2698, et seq., continue to be one of the most popular claims filed in California, allowing plaintiffs to bring claims on behalf of their co-workers with no class certification requirements and minimal barriers to legal standing. By all accounts, 2024 was a very active year on the PAGA litigation front.
For more than seven decades, class actions have been one of the most effective procedural tools used to vindicate the rights of consumers who - had they attempted to pursue relief individually - may have been unsuccessful. Within the vast realm of class action litigation, consumer fraud class actions remain at the forefront.
The trend of states enacting or amending their own mini-TCPAs shows no signs of slowing down, making this subject area a likely continued focus for the plaintiffs’ class action bar in years to come. The overwhelming majority of TCPA lawsuits are brought as class actions. Relatively speaking, the plaintiffs’ bar did well in 2024 [had moderate success] in securing class certification in the TCPA space.
In 2024, in FCRA cases, the class action plaintiff’s bar continued to look for any technical failure of an employer to provide disclosures or obtain proper authorization from an applicant. Of note, although these authorization and disclosure requirements may appear to be relatively straightforward, case law has created additional requirements separate and distinct from the plain statutory requirements, which may not be obvious from a plain and ordinary reading of the FCRA alone.
Class actions challenging employment policies and practices has a robust history since passage of the Civil Rights Act of 1964. For decades, federal courts routinely granted class certification in nationwide employment discrimination class actions, which often spiked settlements that entailed huge pay-outs and across-the-board changes to HR systems. In turn, significant changes in the workplaces of Corporate America resulted from class action precedents, massive settlements, and injunctive relief orders.
As a general matter, products liability litigation can be divided into two categories, including claims that a product causes an injury, and claims that the label or advertising of a product is inaccurate or misleading. The first category usually is best suited to mass tort actions, and the second category often leads to class actions.
In 2024, cases based on uses of pricing algorithms, information sharing, and data management increased in popularity. This reflects the changes in technology used by organizations, and as a result, changes in the types of allegations made by the plaintiffs’ bar and mechanisms for challenging alleged anticompetitive behavior.