United States appeal courts are poised to play a decisive role in shaping the trajectory of class action litigation in 2026, as a series of high profile cases involving major technology firms, sports leagues, entertainment companies and real estate groups move into critical appellate stages. These proceedings will test the boundaries of consumer protection, antitrust enforcement and collective redress under federal law.
Foremost among the pending matters is the challenge brought against Live Nation, the global entertainment company. The Ninth United States Circuit Court of Appeals is considering the company’s request to review an order that permitted millions of consumers to pursue a class action alleging systematic overcharging for tickets sold at major concert venues. The case, which seeks damages spanning fifteen years and more than 400 million ticket purchases, raises significant questions about market dominance and pricing power in the live events industry.
The same appellate court is also examining whether to reinstate a class action against Apple concerning its App Store practices. Consumers allege that Apple unlawfully monopolised the distribution of apps on iPhones, resulting in inflated prices and estimated overcharges of 20 billion dollars. A federal judge in California previously decertified a class of nearly 200 million consumers, prompting the appeal. The Ninth Circuit’s decision to hear the matter on an expedited basis underscores its potential importance for digital markets.
In addition, the Ninth Circuit is expected to assess the fairness of a landmark settlement involving the National Collegiate Athletic Association, which provides compensation to college athletes for the commercial use of their name, image and likeness. The appeal has delayed the distribution of 2.8 billion dollars in past damages, despite the association asserting broad support among class members.
Elsewhere, the Ninth Circuit will hear arguments in March seeking to revive class actions against the National Football League over the pricing of its Sunday Ticket broadcast package, following the dismissal of a 4.7 billion dollar jury verdict.
Further appellate scrutiny is anticipated in the Third Circuit in a hotel pricing case involving major casino operators, and in the Eighth Circuit concerning settlements over real estate commission practices. Collectively, these cases signal a pivotal year for class action law in the United States.