Duane Morris Takeaway: This week’s episode of the Class Action Weekly Wire features Duane Morris partners Jerry Maatman and Jennifer Riley with their report on trends analyzed in the class certification rulings issued through the first six months of 2025.
Read our detailed breakdown of 2025 class certification rulings here.
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Episode Transcript
Jerry Maatman: Hello everyone, and welcome to the next episode of our Class Action Weekly Wire series. I’m Jerry Maatman, and I’m joined today by my partner, Jennifer Riley, to talk about the mid-year review of class certification numbers. Jen, welcome to the podcast.
Jennifer Riley: Thanks so much, Jerry. It’s great to be here, especially with so much going on in the class action space.
Jerry: Well as of June 30, 2025, we’re six months into the new year. Let’s start with the big picture: courts ruled on approximately 207 class certification motions in the first half of the calendar year, and plaintiffs were successful in 69% of those motions. That’s quite a jump from 2024, isn’t it?
Jennifer: It is. So, last year the success rate was 63%. We’re seeing a notable uptick there, although it’s still a bit lower than what we saw in 2023, and even 2022, when certification success rates hit 72% and 74% respectively. The trajectory so far this year suggests that plaintiffs are regaining some of that ground.
Jerry: Sure sounds like it. I know that certification is a function of where the case is, the judges before it, and the subject matter area. So these are general numbers. What do you look when you peel back that number and look at the specific areas?
Jennifer: Well, I think the subject matter area has been particularly notable in terms of the numbers we’re seeing. The highest success rates in 2025 so far have come from WARN, antitrust, ERISA, and wage and hour. WARN has had a 100% certification rate so far, even though that was only two cases. Antitrust and ERISA are close behind at 92%. And then there’s wage and hour, which is always a hot topic. Wage and hour is showing us a strong 82% success rate in terms of courts granting certification.
Jerry: Let’s focus on wage and hour. Let’s talk about Fair Labor Standards Act conditional certification. That continues, it appears to be, a very, very hot area of the law, isn’t it?
Jennifer: Absolutely. From January through June of this year, courts issued 74 rulings in FLSA matters. 71 of those were first stage motions for conditional certification, and plaintiffs won 58 of them. That is an 82% success rate, up slightly from the 79% success rate we saw in 2024.
Jerry: I think it’s certainly obvious that there are epicenters of wage and hour FLSA litigation, particularly the Second and Third Circuits, in terms of the number of filings and the success rates there. What makes these places more favorable to the plaintiffs?
Jennifer: That’s absolutely right. So, we’re seeing those jurisdictions particularly show favorable results for the plaintiff at the decertification stage. Also, the usual trend where defendants succeed more often isn’t really playing out this year. We’ve only seen three decertification rulings so far, and plaintiffs have won two of those.
Jerry: I know location impacts certification numbers in terms of the standards in the various circuits. We’re seeing fewer rulings than in past years in the wage and hour space in both the Fifth and Sixth Circuits which are controlled by the Swales case and the Clark case. What’s your thoughts or takeaways on what we’re seeing in 2025?
Jennifer: That’s very important to know, Jerry. I completely agree. I think, what we’re seeing there in those circuits, it’s reflective of a strategic move by the plaintiffs. Both of those circuits have adopted stricter standards for conditional certification, which makes them arguably less appealing venues for plaintiffs. So plaintiffs, therefore, are shifting their filings and their motions toward those more lenient circuits which really boosts their odds of success.
Jerry: Think it’s ironic that [the FLSA] is a piece of new deal legislation signed in 1938. And here, in 2025, we still have three different standards around the country for the circumstances under which wage and hour cases will be certified. Do you see a shift in a geographical sense of where the plaintiffs’ bar hunts out these cases, files them, to maximize their chances for certification?
Jennifer: Absolutely. I think the mid-year numbers are showing us that things like venue selection, subject matter, and timing are all critical components in plaintiffs’ class certification strategy. So, with FLSA continuing to dominate, we’ll definitely be watching closely to see how courts respond in the second half of the year, and whether we see more shifting standards influencing where and when we’re seeing motions filed by the plaintiffs’ bar.
Jerry: Well, the scorecard is interesting through mid-year 2025. We’ll have the final numbers for our clients in the first week of January of 2026 upon publication of the Duane Morris Class Action Review. So, stay tuned and gain more insights in this area. Thanks Jen so much for your thought leadership as always in this particular space.
Jennifer: Thank you, Jerry, and thanks so much to our listeners for tuning in for this week’s edition.