First Circuit Class Action Filing Trends

Melanie A. Conroy

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New England and First Circuit Class Action Filing Trends

by: Melanie A. Conroy of Pierce Atwood LLP - Class Action Settlements and Mediation

Thursday, May 4, 2023

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Updated February 16, 2024 to include 2023 Q4 data and trends.

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.

First Circuit Class Action Filing Trends

In 2023, there were 413 total state and federal class action filings in the New England courts within the bounds of the First Circuit. This total represents a sharp increase in New England class action filings from the prior year.

New England Class Action Filings by Year - State and Federal

From 2018 through 2022 state and federal court class action filings in New England were relatively consistent, with an average of 357 new cases per year. Prior high points were noted in 2019 and 2020, reflecting opposite trends at the federal and state levels. In 2019, total filings reached 419 due to a surge in state-court filings and in 2020, total filings hit 365 due to a dramatic influx of COVID-19 pandemic-related class action activity in federal courts. Total class action filings in 2023 exceeded the average of these prior high-points, with a 24% increase in filings over 2022. These trends are observed when excluding transferred multidistrict filings that, if included, would have brought the 2023 total to 613.

2023 New England Class Action Filings by Case Type - Federal

Case Type	Total
Data Security/Privacy	120
Consumer/Product Liability	41
Labor/Employment	36
Securities/ERISA	15
TCPA	14
Civil Rights/Environmental	11
Antitrust	5
Other	13

Federal class action cases in New England filed in 2023 reflect a wave of cybersecurity and data privacy litigation arising from data breaches and the alleged unauthorized disclosure of consumer information. There were also significant levels of cases based on consumer fraud and product liability claims, followed by labor-related claims on behalf of employees, and then claims relating to securities fraud and employee retirement funds. While the proportion of the latter categories of class action cases is consistent with prior year filings, the first category represents a dramatic uptick in cybersecurity and data privacy class actions.

2023 New England Class Action Filings by Industry - Federal

Industry	Total
Healthcare	56
Tech	54
Retail/Manufacturing	35
Financial/Prof. Services	23
Insurance	15
Government	11
Education	9
Biotech/Pharma	9
Food/Hospitality	10
Transportation	6
Entertainment/Travel	5
Real Estate	4
Construction	2
Energy	8
Other	14

Federal class action cases in New England filed in 2023 have primarily targeted the 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 retail/manufacturing and financial/professional services industries. While the targeting of these latter industries is consistent with prior years, the healthcare and technology industries are facing a dramatic increase in scrutiny due to cybersecurity and data privacy class actions.

New England Class Action Filings by Court - Federal

FEDERAL DISTRICT COURT	2018	2019	2020	2021	2022	2023	1Q 2023	2Q 2023	3Q 2023	4Q 2023
MASSACHUSETTS	186	179	246	168	177	242	45	71	78	48
MAINE	6	12	29	11	7	4	2	1	0	1
NEW HAMPSHIRE	9	7	10	10	12	9	1	1	5	2
RHODE ISLAND	25	16	29	23	10	12	4	1	4	3
TOTAL	226	214	314	212	206	267	52	74	87	54

^{*Note that the total federal filings in the District of Massachusetts for the fourth quarter of 2023 does not include the 200 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 all listed actions to the District of Massachusetts and assigning them to Judge Allison D. Burroughs for consolidated pretrial proceedings. Had these transferred filings been included, the total District of Massachusetts filings in the fourth quarter of 2023 would have been 248 and the total New England federal district court filings for 2023 would have been 467.}

The overwhelming majority of federal class action cases in New England filed in 2023—over 90%--were filed in the District of Massachusetts, followed by the District of Rhode Island, and then with lower levels of filings in the District of Maine and District of New Hampshire. This trend is consistent with prior years.

New England Class Action Filings by Court - State

STATE	2018	2019	2020	2021	2022	2023	1Q 2023	2Q 2023	3Q 2023	4Q 2023
MASSACHUSETTS	114	186	39	115	113	129	32	38	34	25
MAINE	1	12	8	4	4	8	1	3	3	1
NEW HAMPSHIRE	1	0	3	3	6	9	0	5	3	1
RHODE ISLAND	4	7	1	3	5	0	0	0	0	0
TOTAL	120	205	51	125	128	146	33	46	40	27

The vast majority of state court class action cases in New England filed in 2023—over 90%--were filed in the Commonwealth of Massachusetts, with no class action filings in Rhode Island state courts in 2023 and similar filing rates in the other state courts. This trend is consistent with prior years.

2023 Federal Class Action Decisions

In addition to class action filings, Pierce Atwood closely follows decisions in class action cases issued by the federal and state courts within the boundaries of the First Circuit. Below you will find a summary of recent decisions in class action cases with links to the text of those opinions, where available, and our most recent analyses on our blog First Class Defense.

First Circuit Court of Appeals (13)

CASE NAME	CASE NUMBER	JUDGE(S)	DECISION DATE	HOLDING	INDUSTRY	CASE TYPE
Burt v. Board of Trustees of University of Rhode Island	Nos. 23-1188, 23-1192	Selya (before Kayatta, Selya, Gelpí)	10/13/23	Affirmed grant of summary judgment in favor of defendant university	Education	Consumer
Shash v. Biogen, Inc.	No. 22-1773	Gelpí (before Barron, Howard, Gelpí)	10/11/23	Affirmed in part, reversed dismissal of one claim and remanded for further proceedings	Biotechnology/Pharmaceutical	Securities
Merullo v. Amica Mutual Insurance Company	No. 23-1005	Kayatta (before Kayatta, Lipez, Gelpí)	09/20/23	Affirmed dismissal of plaintiff’s claims	Insurance	Consumer
DiCroce v. McNeil Nutritionals, LLC	No. 22-1910	Gelpí (before Kayatta, Gelpí, Montecalvo)	09/18/23	Affirmed dismissal of plaintiff’s claims on different grounds	Retail/Manufacturing	Consumer
Patel v. 7-Eleven, Inc.	No. 23-1043	Per Curiam (before Montecalvo, Selya, Thompson	08/29/23	Certified question to the Massachusetts Supreme Judicial Court	Retail/Manufacturing	Employment
Roe v. Healy	No. 22-1740	Kayatta (before Kayatta, Selya, Howard)	08/14/23	Affirmed dismissal of plaintiff’s claims	Government	Civil Rights
Marcus v. American Contract Bridge League	Nos. 22-1134, 22-1135	Montecalvo (before Kayatta, Howard, Montecalvo)	08/14/23	Affirmed in part, reversed summary judgment on overtime claims in favor of defendant, reversed denial of plaintiff’s motion to substitute party	Entertainment	Employment
Webb v. Injured Workers Pharm., LLC	No. 22-1896	Lynch (before Kayatta, Lynch, Montecalvo)	06/30/23	Affirmed in part, reversed in part, remanded re: claim for emotional distress	Bio/Pharm	Consumer
Ferrari v. Vitamin Shoppe Indus. LLC	No. 22-1332	Carreño-Coll (before Montecalvo, Thompson, Carreño-Coll)	06/09/23	Affirmed grant of summary judgment in favor of defendant manufacturer	Retail	Consumer
Powers v. Receivables Performance Mgmt., LLC	No. 22-1500	Lynch (before Barron, Lynch, Gelpí)	06/08/23	Appeal dismissed, motion for reconsideration of motion to compel arbitration not subject to interlocutory review	Telecommunications	Consumer
Posada v. Cultural Care, Inc.	No. 21-1676	Barron (before Barron, Lipez, Howard)	04/26/23	Affirmed denial of motion to dismiss, remainder of appeal dismissed for lack of appellate jurisdiction	Education	Employment
Kleiner v. Cengage Learning Holdings II, Inc.	No. 22-1451	Kayatta (before Kayatta, Lynch, Gelpí)	04/19/23	Reversed dismissal of complaint and remanded	Education	Consumer
Fraga v. Premium Retail Svcs., Inc.	No. 22-1101	Kayatta (before Barron, Howard, Kayatta)	03/03/23	Vacated and remanded re: denial of motion to compel arbitration	Retail	Employment

District of Maine (5)

CASE NAME	CASE NUMBER	JUDGE	DECISION DATE	HOLDING	APPEAL FILED	INDUSTRY	CASE TYPE
Demmons v. ND OTM LLC	No. 1:22-cv-00305-NT	Torresen	09/12/23	Motion to dismiss granted in part	Manufacturing	Environmental
Thurston v. Progressive Casualty Ins. Co.	No. 1:22-cv-00375-NT	Torresen	06/20/23	Motion to dismiss granted in part	Insurance	Consumer
Castillo v. Brown	No. 2:20-cv-00243-JAW	Woodcock	06/08/23	Motion to dismiss granted	Education	Consumer
Alonso v. Am. Express Co.	No. 2:22-cv-00132-JAW	Woodcock	01/17/23	Motion to compel arbitration granted	Financial Svcs.	Consumer
Purinton v. Moody’s Co-Worker Owned, Inc.	No. 2:20-cv-00296-JAW	Woodcock	01/01/23	Class action settlement approved	Automotive Service	Employment

District of Massachusetts (53)

CASE NAME	CASE NUMBER	JUDGE	DECISION DATE	HOLDING	APPEAL FILED	INDUSTRY	CASE TYPE
Doe v. Atrius Health, Inc.	No. 22-12196-FDS	Saylor	10/20/23	Motion to remand granted	Healthcare	Privacy
Katz v. Liberty Power Corp., LLC	No. 18-cv-10506-ADB	Cabell	09/22/23	Motion to amend denied	Energy	TCPA
Offley v. Fashion Nova, LLC	No. 1:22-cv-10603-IT	Talwani	09/22/23; 04/21/23	Motion to dismiss granted in part; motion to compel arbitration denied	Retail	Consumer
Luongo v. Desktop Metal, Inc.	No. 1:21-cv-12099-IT, consolidated with: Nos. 1:22-cv-10059-IT, 1:22-cv-10173-IT, 1:22-cv-10297-IT	Talwani	09/20/23	Motion to dismiss granted	Manufacturing	Securities
Cullinane v. Uber Technologies, Inc.	No. 14-14750-DPW	Woodlock	09/19/23	Ordered that cy pres award be directed to US Department of Treasury	Transportation	Employment
Frawley v. Nexstar Media Group, Inc.	No. 1:23-CV-10384-AK	Kelley	09/18/23	Motion to dismiss granted for lack of personal jurisdiction	Media	Privacy
Webb v. Injured Workers Pharmacy, LLC	No. 22-cv-10797	Stearns	09/12/23	Motion to dismiss granted in part	Pharmaceutical	Privacy
In re Fresenius GranuFlo/Nautralyte Dialysate Products Liability Litigation	No. 18-12231-NMG	Gorton	09/07/23	Granting motion to dismiss claims not subject to American Pipe tolling	Healthcare	Product Liability
Ryan v. Greif, Inc.	No. 22-cv-40089-MRG	Hennessy	09/01/23	Report and recommendation to grant motion to dismiss in part	Manufacturing	Environmental
Mongue v. Wheatleigh Corporation	No. 3:18-cv-30095-KAR	Robertson	08/23/23	Motion for preliminary approval of class settlement granted	Food & Hospitality	Employment
Muniz v. RXO Last Mile, Inc.	No. 4:18-11905-TSH	Hillman	08/21/23	Motion for partial summary judgment in favor of plaintiffs granted	Transportation	Employment
MW Gestion v. 1Globe Capital LLC	No. 22-11315-NMG	Gorton	08/18/23	Motion to dismiss granted in part	Financial Services	Securities
Desmarais v. Ocean Spray Cranberries, Inc.	No. 22-cv-11904-ADB	Burroughs	08/18/23	Motion to conditionally certify FLSA collective action granted in part	Food & Hospitality	Employment
Rosenthal v. Bloomingdale's, Inc.	No. 22-11944-NMG	Gorton	08/11/23	Motion to dismiss granted for lack of personal jurisdiction	Retail	Privacy
Turner v. Liberty Mutual Retirement Benefit Plan	No. 20-11530-FDS	Saylor	08/11/23	Motion for summary judgment granted in part	Insurance	Securities
Adams v America’s Test Kitchen, LP	No. 22-CV-11309-AK	Kelley	06/30/23	Motion to dismiss denied	Retail	Consumer
Fairfield v. DCD Auto. Hldgs., Inc.	No. 22-cv-11977-DJC	Casper	06/26/23	Motion to compel arbitration granted	Retail	Consumer
Posada v. Cultural Care, Inc.	No. 1:20-cv-11862-IT	Talwani	06/20/23	Motion to certify FLSA collective action granted, motion to strike pre-certification consents denied	Education	Employment
Kelledy v. Dunkin’ Brands, Inc.	No. 23-10626-RGS	Stearns	06/16/23	Motion to dismiss granted for lack of subject matter jurisdiction	Retail	Consumer
Muniz v. RXO Last Mile, Inc.	No. 4:18-11905-TSH	Hillman	06/07/23	Motion to compel class list granted in part, denied in part	Transportation	Employment
Roy v. FedEx Ground Package Sys., Inc.	No. 3:17-cv-30116-KAR	Robertson	05/22/23	Motion to compel granted	Transportation	Employment
Nightingale v. National Grid USA Service Co., Inc.	No. 19-12341-NMG	Gorton	05/19/23 04/06/23	Motion for summary judgment in favor of defendant granted; Motion for class certification denied	06/05/23	Energy	Consumer
Meaden v. HarborOne Bank	No. 23-CV-10467-AK	Kelley	05/18/2023	Class action settlement approved	Financial Svcs.	Consumer
Omori v. Brandeis Univ.	No. 20-11021-NMG	Gorton	05/17/23	Motion for class certification denied	Education	Consumer
Douglas v. EF Education First Int’l, Ltd.	No. 20-cv-11740-DJC	Cabell	05/10/23	Motion to compel denied; motion for protective order and to quash granted in part	Education	Consumer
Issokson v. Connecticut General Corporation	No. 3:18-cv-30070-MGM	Mastroianni	05/04/23	Motion to exclude expert testimony on class certification denied	Insurance	Consumer
Carter v. Quicken Loans, LLC	No. 1:20-cv-11898-IT	Talwani	04/27/23	Motion for attorney’s fees and costs granted in favor of defendant	Financial Svcs.	Retail
Bertolino v. Sequium Asset Solutions, LLC	No. 22-11139-JGD	Dein	04/18/23	Motion by defendant for motion for judgment on the pleadings granted
Tyngsboro Sports II Solar, LLC v. National Grid USA Service Co., Inc.	No. 22-11791-RGS	Stearns	04/18/23	Motion to dismiss granted on jurisdictional grounds	04/28/23	Energy	Consumer
In re: Boston Univ. COVID-19 Refund Litig.	No. 20-10827-RGS	Stearns	04/07/23	Motions for summary judgment granted in favor of defendant, denied as to plaintiff; motion to exclude plaintiff’s expert testimony granted, motion for class certification denied as moot	04/26/23	Education	Consumer
Estate of Orre v. Ocwen Loan Svc., LLC	No. 19-10553-TSH	Hillman	03/31/23	Motion to amend denied	05/08/23	Financial Svcs.	Consumer
Ford v. Takeda Pharm. U.S.A., Inc.	No. 1:21-cv-10090-WGY	Young	03/31/23	Motion for attorney’s fees and class representative award granted	Bio/Pharm	Securities
Awalt v. General Motors LLC	No. 21-cv-10111-GAO	O’Toole	03/31/23	Motion to dismiss granted in part	Manufacturing	Consumer
Oklahoma Firefighters Pension and Retirement Sys. V. Biogen Inc.	No. 22-10200-WGY	Young	03/29/23	Motion to dismiss granted	Bio/Pharm	Securities
Quinones v. Frequency Therapeutics, Inc.	No. 21-10933-WGY	Young	03/29/23	Motion to dismiss granted	Bio/Pharm	Securities
Eggiman v. Bank of Am., N.A.	No. 1:22-cv-10298-ADB	Burroughs	03/27/23	Motion to dismiss granted in part	Financial Svcs.	Contract
Slawsby v. Champion Petfoods USA, Inc.	No. 18-10701-GAO	O’Toole	03/27/23	Motion to dismiss granted	Manufacturing	Consumer
Waldner v. Natixis Investment Managers, L.P.	No. 21-cv-10273-LTS	Levenson	03/24/23	Motion for class certification granted in part, denied in part	Financial Svcs.	Securities
Glynn v. Martin Sports & Ent., LLC	No. 1:19-CV-12189-IT	Talwani	03/22/23	Motion for class certification granted, defendants’ motion for summary judgment denied, plaintiffs’ motion for summary judgment granted in part	Entertainment	ERISA
Manoogian v. LoanCare, LLC	No. 22-CV-10487	Zobel	03/21/23	Motion to dismiss denied	Financial Svcs.	TCPA
Burgos v. Youth on the Move, Inc.	No. 22-30031-MGM	Mastroianni	03/21/23	Motion to conditionally certify FLSA collective action granted	Transportation	Employment
Martins v. Vermont Mut. Ins. Co.	No. 17-12360-FDS	Saylor	03/13/23	Motion for class certification denied, plaintiffs’ motions to amend and for summary judgment denied, defendant’s motion for summary judgment granted	Insurance	Contract
Martorana v. Progressive Direct Ins. Co.	No. 22-cv-10613-DJC	Casper	03/10/23	Motion to dismiss granted in part	Insurance	Contract
Doane v. Benefytt Techs., Inc.	No. 22-10510-FDS	Saylor	03/10/23	Motion to dismiss individual defendant granted	Insurance	TCPA
Schuster v. Wynn Resorts Hldgs., LLC	No. 19-cv-11679-ADB	Burroughs	02/27/23	Defendants’ motion for summary judgment granted	Hospitality	Consumer
Schaer v. Newell Brands Inc.	No. 3:22-CV-30004-MGM	Mastroianni	02/16/23	Motion to dismiss granted in part	Manufacturing	Consumer
Douglas v. EF Institute for Cultural Exchange, Inc.	No. 20-cv-11740-DJC	Casper	02/14/23	Motion to dismiss and strike class allegations denied	Education	Consumer
Reese v. Progressive Direct Ins. Co.	No. 22-cv-10539-ADB	Burroughs	02/10/23	Motion to dismiss granted	Insurance	Contract
Rezendes v. Mitsubishi Motors N. Am., Inc.	No. 22-CV-10211-AK	Kelley	02/09/23	Motion to dismiss granted in part	Manufacturing	Consumer
Prinzo v. Hannaford Bros. Co., LLC	No. 21-11901-WGY	Young	02/03/23	Motion for class certification granted	Retail	Employment
Rocke v. Monarch Recovery Mgmt., Inc.	No. 1:20-CV-11736-RWZ	Zobel	01/25/23	Plaintiff’s motion for summary judgment granted, defendant’s motion for summary judgment denied	Financial Svcs.	Debt Collection
Lucero v. Coppinger	No. 23-10088-LTS	Sorokin	01/23/23	Motion for class certification denied, motion for preliminary injunction denied	Government	Civil Rights
K.O. v. U.S.	No. 4:20-12015-TSH	Hillman	01/09/23	Motion to dismiss granted in part	Government	Civil Rights
Patel v. 7-Eleven, Inc.	No. 17-11414-NMG	Gorton	01/04/23	Plaintiff’s motion for summary judgment granted, defendant’s motion for summary judgment denied	Retail	Contract

District of New Hampshire (8)

CASE NAME	CASE NUMBER	JUDGE	DECISION DATE	HOLDING	APPEAL FILED	INDUSTRY	CASE TYPE
Doe v. Commn’r NH Dept. of Health and Human Svcs.	No. 18-cv-1039-LM	McCafferty	05/12/23, 10/11/23	Motion to dismiss denied, motion to supplement granted in part; motion for entry of final judgment denied	Government	Civil Rights
Liberty Mutual Fire Insurance Company v. SoClean, Inc.	No. 1:22-cv-00079-JL	Laplante	08/18/23	Motion to dismiss granted in part, denied as to declaratory judgment claim related to underlying class actions	Manufacturing/Insurance	Consumer
Grenier v. Granite State Credit Union	No. 21-cv-534-LM	McCafferty	08/02/23	Unopposed motion for preliminary approval of class action settlement granted	Financial Services	Consumer
McCarthy v. Medicus Healthcare Solutions, LLC	No. 1:21-cv-668-JL	Laplante	04/18/23	Motion to conditionally certify FLSA collective action granted	Prof. Svcs.	Employment
Fitzmorris v. Commn’r NH Dept. of Health and Human Svcs.	No. 21-cv-25-PB	Barbadoro	04/17/23; 03/28/23	Motion for class certification denied; Defendants’ partial motion for summary judgment granted	Government	Civil Rights
Daschbach v. Rocket Mortgage, LLC	No. 22-cv-346-JL	Laplante	03/22/23	Motion to compel arbitration and motion to dismiss denied	Financial Svcs.	TCPA
Doe v. Commn’r NH Dept. of Health and Human Svcs.	No. 18-cv-1039-LM	McCafferty	02/23/23	Intervenors’ motion for summary judgment granted in part	Government	Civil Rights
Ortiz v. Sig Sauer, Inc.	No. 19-cv-1025-JL	Laplante	02/10/23	Motion for class certification denied	Manufacturing	Consumer

District of Rhode Island (4)

CASE NAME	CASE NUMBER	JUDGE	DECISION DATE	HOLDING	APPEAL FILED	INDUSTRY	CASE TYPE
Metcalfe v. Grieco Hyundai LLC	No. 22-378-JJM-LDA	McConnell	10/03/23	Motion to strike or dismiss class action claims denied	Retail	Consumer
Coalition of Black Leadership v. Doorley	No. 71-4523JJM	Sullivan	06/06/23	Motion to intervene denied	Government	Civil Rights
Chapdelaine v. Neronha	No. 15-450-JJM-LDA	McConnell	03/16/23	Plaintiffs’ motion for summary judgment granted, defendants’ motion for summary judgment denied	Government	Civil Rights
Burt v. University of Rhode Island	No. 1:20-cv-00295-JJM-LDA, No. 1:20-cv-00465-JJM-LDA	McConnell	01/31/23	Defendant’s motion for summary judgment granted	Education	Contract