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ARTICLE · 19 NOVEMBER 2025

Class Action Litigation Newsletter | Autumn 2025

Greenberg Traurig
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Second Circuit affirms denial of a motion to compel arbitration when plaintiff received notice after the transaction through a "welcome kit," which did not make the terms clear and conspicuous.

United StatesLitigation, Mediation & Arbitration
Greenberg Traurig, LLP
Greenberg Traurig, LLP

This GT Newsletter summarizes recent class-action decisions from across the United States.

Highlights from this issue include:

  • Second Circuit affirms denial of a motion to compel arbitration when plaintiff received notice after the transaction through a "welcome kit," which did not make the terms clear and conspicuous.
  • Second Circuit reminds district courts that class settlement approval under CAFA requires them to consider allocation of recovery between class counsel and the class.
  • Third Circuit, Fourth Circuit, and Ninth Circuit affirm denial of class certification in cases alleging that insurers underestimated the actual cash value of totaled vehicles because the fact of damages was individualized.

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