Class Actions

The Litigation Center has helped win important Supreme Court victories reining in abusive class actions, including most recently TransUnion LLC v. Ramirez (2021).  Even so, plaintiffs’ lawyers continue to seek certification of broad classes and unprecedented extensions of the class-action device inconsistent with Rule 23 or principles of constitutional standing and due process.  The Litigation Center has remained active in pushing back on such class-action abuse.  In particular, the Litigation Center has filed multiple briefs urging courts to hold plaintiffs to their burden to satisfy the rigorous requirements of predominance, ascertainability, and personal-jurisdiction for putative class actions.  We have filed briefs opposing impermissibly broad collective actions under the Fair Labor Standards Act on similar grounds.  And we have repeatedly opposed no-injury class actions.