Arnold & Porter Secures Final Denial of Class Certification in Calico Critters Consumer Lawsuit

"Arnold & Porter won a key victory for client Epoch Everlasting Play, LLC on May 4, 2026, when Judge Wright of the U.S. District Court for the Central District of California denied with prejudice a renewed motion for class certification in a lawsuit over Calico Critters toys, eliminating class claims and barring future class certification motions. Plaintiffs had alleged the products were hazardous and sought injunctive relief and refunds under California’s Unfair Competition Law; the court found the named plaintiff could not meet Rule 23’s adequacy requirement because, as the Ninth Circuit previously held, the named plaintiff lacked standing to seek injunctive relief, creating a conflict with absent class members. The decision follows a September 2025 Ninth Circuit vacatur of the district court’s initial class-certification order. The Arnold & Porter team included partners James Speyer, Ian Hoffman, and William Perdue, senior counsel Eric Rubel, senior associate Henry Morris, and associate Zach Woodward."