Robert H. Klonoff of Lewis & Clark has written Class Actions Part II: A Respite from the Decline. Here is the abstract:
In a 2013 article, I explained that the Supreme Court and federal circuits had cut back significantly on plaintiffs' ability to bring class actions. As I explain in the present article, that trend has subsided. First, the Supreme Court has denied certiorari in several high profile cases. Second, the Court's most recent class action rulings have been narrow and fact specific. Third, the federal circuits have likewise adopted narrow and fact specific approaches to class actions. One explanation for this new trend is that defendants have been overly aggressive in their arguments, losing credibility and causing courts to push back.
This looks like another example of the “legal pendulum.” During a certain period of time, one side will get more and more power. For example, if there is an overarching anti-insurance sentiment, public adjusters and policyholders will be able to get away with more aggressive demands and legal arguments. Then there will be a tipping point where the courts (or the general public) will shift the balance of power the other way and side with insurance companies in an attempt to “even things out.”
Looks like the same thing is happening here, with the pendulum swinging back in favor of the plaintiffs.