By Mike Scarcella
WASHINGTON, Jan 6 (Reuters) - U.S. appeals courts in 2026 will weigh high-stakes class actions against Apple and other tech companies, entertainment giant Live Nation and the National Football League. Here are some key pending cases that could see major developments in the new year.
- Entertainment giant Live Nation LYV.N has asked the San Francisco-based 9th U.S. Circuit Court of Appeals to review an order that allowed millions of Americans to band together to sue the company for allegedly overcharging for events at major concert venues. U.S. District Judge George Wu in Los Angeles ruled in December the plaintiffs met the criteria to expand their lawsuit into a class action seeking 15 years of alleged damages tied to the purchase of more than 400 million tickets.
- Apple AAPL.O customers have asked the 9th Circuit to reinstate their class action accusing the iPhone maker of inflating prices by monopolizing the market for apps. The appeals court last month said it would hear an immediate appeal after a trial judge stripped the case of class action status earlier this year. U.S. District Judge Yvonne Gonzalez Rogers in Oakland, California, in October decertified a class of nearly 200 million consumers who claim Apple’s App Store rules led to $20 billion in overcharges.
- The 9th Circuit this year is also expected to weigh the fairness of a landmark multibillion-dollar settlement that pays former, current and future college athletes for the commercial use of their name, image and likeness. The appeals will delay distribution of $2.8 billion in past damages to class members. The National Collegiate Athletic Association, the primary defendant in the litigation, told the court last month that the deal “has received nearly universal endorsement from the approximately 400,000 class members.”
- In March, the 9th Circuit will hear arguments from consumers and businesses seeking to revive their class actions against the National Football League over the cost of its "Sunday Ticket" broadcast package. U.S. District Judge Philip Gutierrez in August threw out a $4.7 billion jury verdict against the NFL and its member teams. The NFL had argued the verdict was unjustified and the result of a "runaway" jury. "Sunday Ticket" is the only broadcast option for NFL fans who want to watch their teams play out-of-market games.
- The Philadelphia-based 3rd Circuit could rule in the coming months on whether to reinstate a proposed class action accusing major casino-hotel operators in Atlantic City including Caesars Entertainment and MGM Resorts of overcharging for room rentals. A judge in 2024 ruled for the hotels . In August, a 9th Circuit panel ruled for hotels in Las Vegas in a similar lawsuit, teeing up a possible appeal to the U.S. Supreme Court. Both cases allege hotels used computer software algorithms to illegally coordinate on room pricing.
- The St. Louis-based 8th Circuit appeals court will hear arguments this month over landmark class action settlements after home sellers accused the National Association of Realtors and major brokers of inflating commissions nationwide. HomeServices, a real estate brokerage owned by Warren Buffett's Berkshire Hathaway, agreed to pay $250 million, and the realtor association agreed to pay $418 million and implement a series of rule changes. Objectors are challenging the fairness of the deals.
(Reporting by Mike Scarcella)
