The past U.S. Supreme Court term included a number of class action cases with significant decisions on the enforceability of arbitration clauses, including American Express v. Italian Colors and the Class Action Fairness Act (Standard Fire v. Knowles). 

The Court also brought increased scrutiny to class certification standards in Amgen v. Connecticut Retirement Plans and Comcast v. Behrend, emphasizing ascertainability at the certification stage that is playing out at the circuit court level, including 3rd Circuit decisions in 

Bayer v. Carrera and Marcus v. BMW.  

Cy pres awards are also gaining attention at the appellate court level, such as 3rd Circuit case In re Baby Products.