Worldwide: Class Actions

Group litigation, consumer class actions, and regulatory enforcement are reshaping the risk landscape across Asia-Pacific at an accelerating pace. From cross-border parallel claims and regulatory activism to litigation funding and new collective redress regimes, boards and legal teams face an increasingly complex and high-stakes environment. HSF Kramer's litigation specialists examine the trends that matter most and strategies to stay ahead.

Duane Morris partners Jerry Maatman and Jennifer Riley analyze class certification data from the first half of 2026, revealing a notable decline in plaintiff success rates compared to previous years. The discussion explores how certification outcomes vary dramatically by subject matter and geographic location, with particular focus on FLSA conditional certification trends and strategic venue selection by plaintiffs.

Companies that make cellular telephone numbers searchable or publicly viewable online are facing a new wave of putative class actions for statutory damages based on novel theories.

The Supreme Court's landmark decision in Monsanto Company v. Durnell fundamentally reshapes pesticide litigation by clarifying federal preemption under FIFRA. This ruling addresses whether state tort claims can impose labeling requirements beyond EPA-approved standards, with implications extending far beyond glyphosate to affect the entire pesticide regulatory landscape and the balance between federal uniformity and state authority.

The Ninth Circuit reversed a district court's dismissal of a consumer protection claim, finding that a service plan's offer letter and contract, when read together, could plausibly deceive reasonable consumers about available remedies. The court held that fine-print disclaimers and qualifying language were insufficient to overcome the impression created by the marketing materials, and that such fact-intensive questions about consumer deception should not be resolved at the motion to dismiss stage.

The Ninth Circuit reversed a district court's denial of a motion to compel arbitration in a wage and hour class action, finding the arbitration agreement neither procedurally nor substantively unconscionable. The court distinguished the case from Cook v. University of Southern California by analyzing the agreement's limited scope to employment-related claims, inherent duration limitations, sufficient mutuality, and severability of PAGA waivers.

The Fourth Circuit vacated class certification in a wage-and-hour lawsuit against Anheuser-Busch, finding that plaintiffs' claims about unpaid pre- and post-shift work masked substantial workplace variability.

California courts continue to be confronted with claims alleging that websites are violating the California Invasion of Privacy Act (“CIPA”). While courts debate CIPA’s applicability to the use of third-party internet...

A California appellate court examines whether familial relationships between class representatives and their attorneys automatically invalidate consumer class actions, addressing the boundaries of probable cause in malicious prosecution claims. The decision explores how courts balance adequacy requirements for class representatives against the viability of underlying consumer protection claims when conflicts of interest are alleged.