The Ninth Circuit sent a strong message to companies considering relying on arbitration agreements introduced mid-litigation to defeat class-action litigation. Avery v. TEKsystems, Inc., __ F.4th __, 2026 WL 218992 (9th Cir. Jan. 28, 2026)—in which the court described the defendant’s communications as “misleading,” “harmful,” “contradictory,” “disparaging,” and “inaccurate”—confirms the authority of district courts to refuse to enforce arbitration agreements that undermine Rule 23 procedures.Continue Reading Ninth Circuit Declines to Enforce “Misleading,” “Disparaging,” and “Confusing” Arbitration Agreement Mid‑Litigation
District Court Junks Ultra-Processed Foods Lawsuit
A court in the Eastern District of Pennsylvania recently dismissed a lawsuit alleging that the food and beverage industry “implemented addiction science techniques and predatory marketing campaigns” related to ultra-processed foods (UPFs). Martinez v. Kraft Heinz Co., No. 2:25-cv-00377, 2025 WL 2447793, at *1, (E.D. Pa. Aug. 25, 2025). While acknowledging concerns about the alleged effects of UPFs on the American diet, the court nonetheless held that the plaintiff’s “woefully deficient” complaint “mandat[ed] dismissal.”Continue Reading District Court Junks Ultra-Processed Foods Lawsuit