OpenAI Lawsuit News Today: Every Active Case 2026

By Legal Affairs Desk, Legal Affairs Correspondent. Last updated June 2026.

Quick Answer
– What this is: OpenAI faces more than a dozen active federal lawsuits in 2026 spanning copyright infringement, privacy violations, antitrust claims, defamation, and governance disputes.
– Who qualifies: Published authors, news publishers, individuals whose personal data was scraped without consent, and former OpenAI partners may have standing to pursue claims depending on jurisdiction and specific facts.
– What it's worth: Statutory damages in copyright cases can reach $150,000 per work infringed willfully; privacy claims vary by state, with California CCPA cases typically settling in the range of $100 to $750 per consumer per incident at class resolution.

Case Snapshot

OpenAI is now defending itself on more legal fronts than any other artificial intelligence company in U.S. history. As of mid-2026, at least fourteen distinct federal civil actions are pending against the company across four jurisdictions, covering everything from the unauthorized use of copyrighted text to allegations that ChatGPT invents defamatory facts about real people.

The scale of this litigation is not an accident. It reflects a fundamental dispute about whether training a large language model on publicly available but legally protected content constitutes fair use, and courts have not yet delivered a definitive answer.

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What makes these cases significant is not their volume alone. It is that each one tests a different legal boundary, and the outcomes will collectively define the legal architecture of the artificial intelligence industry for the next decade.

One figure frames the stakes clearly: The New York Times alone is seeking billions of dollars in statutory damages based on what it characterizes as the near-verbatim reproduction of millions of articles in OpenAI's training data.

OpenAI Lawsuit News Today: What You Need to Know Right Now

The most important OpenAI lawsuit development in 2026 is that federal courts have moved past the motion-to-dismiss phase in several cases, meaning the legal theories have survived initial challenge and discovery is actively revealing how OpenAI constructed its training datasets.

That procedural milestone matters. When a judge denies a motion to dismiss, it signals that the plaintiff's claims are legally plausible on their face. OpenAI's core fair use defense is now being tested not just in legal briefs but against actual evidence.

Simultaneously, the company faces increasing pressure from the plaintiff bar. Litigation funding firms have entered at least three of the active cases, signaling that professional investors see settlement or judgment value strong enough to finance years of litigation.

Key developments in 2026:

• Discovery orders in *NYT v. OpenAI* have required production of internal training-data documentation
• At least two author class actions in the Northern District of California have survived motions to dismiss
• The FTC's investigative inquiry into OpenAI's data practices remains open
• Elon Musk's refiled governance claims are proceeding in California state court after federal jurisdictional issues

*Attorney Insight: Attorneys handling these claims point to the discovery phase as the most consequential period, because internal documentation about what data was used, how it was filtered, and whether rights-clearance was considered will either validate or undercut OpenAI's fair use arguments at trial.*

OpenAI Lawsuit 2026: The Full Legal Landscape at a Glance

The 2026 OpenAI litigation environment covers five distinct legal categories. Each category involves different plaintiffs, different courts, different legal theories, and different measures of potential liability.

Understanding the structure of the litigation helps a reader determine which category, if any, is relevant to their own situation as a creator, publisher, data subject, or business competitor.

*Attorney Insight: Attorneys handling these claims point to the copyright category as presenting the largest potential damages exposure, while privacy class actions are more likely to reach settlement given the established CCPA statutory framework.*

Litigation Watch: As of mid-2026, OpenAI is simultaneously defending copyright, privacy, governance, and antitrust claims in at least four federal districts, making this the most legally complex position any generative AI company has occupied to date.

OpenAI Lawsuit Update: Where Each Major Case Stands This Year

Court calendars in 2026 have placed several OpenAI cases on tracks that could produce consequential rulings before year-end. The procedural posture of each case directly affects whether any resolution, whether judgment, settlement, or dismissal, is imminent.

*NYT v. OpenAI* (1:23-cv-11195, SDNY) is the furthest along. Discovery is active, and Judge Stein has set scheduling conferences through late 2026. A trial date has not been set, but the discovery record being built now will define how the case resolves.

Current case status by proceeding:

*Attorney Insight: Attorneys handling these claims point to class certification in the ND Cal author cases as the pivotal event this year. If a class is certified, the scale of potential liability expands dramatically and settlement pressure increases.*

Who Is Suing OpenAI? A Complete Plaintiff Breakdown

The plaintiff profile in OpenAI litigation is unusually broad. It spans institutional media companies, individual working writers, privacy advocates, a billionaire former partner, and regulatory bodies.

That breadth reflects the fact that OpenAI's products touch nearly every sector of the economy that produces, stores, or relies on written language.

Categories of plaintiffs as of 2026:

• News publishers: The New York Times, The New York Daily News, The Chicago Tribune, and associated Alden Global newspapers filed a coordinated complaint arguing that ChatGPT reproduces their journalism nearly verbatim.
• Individual authors: Bestselling novelists including (according to publicly filed complaints) John Grisham, Jodi Picoult, George R.R. Martin, and others joined Authors Guild-affiliated actions in the Northern District of California.
• Nonfiction writers and coders: Sarah Silverman and other plaintiffs in separate ND Cal filings (Case No. 3:23-cv-03223) allege that their books were used without license.
• General consumers: Privacy class actions name ordinary ChatGPT users whose personal data was allegedly collected, retained, or misused.
• Elon Musk: The Tesla and SpaceX CEO, an OpenAI co-founder, alleges that OpenAI abandoned its nonprofit mission and that its commercial pivot violated foundational agreements.
• Competitor companies: Antitrust complaints from smaller AI firms allege that the Microsoft-OpenAI partnership has foreclosed competitive market entry.

*Attorney Insight: Attorneys handling these claims point to the multi-plaintiff author cases as the most likely to achieve class certification, given the shared factual predicate: their published works were included in the same training corpus.*

New York Times OpenAI Lawsuit: The Case That Changed the Debate

The New York Times Company v. OpenAI, Inc., filed December 27, 2023, in the Southern District of New York, is the lawsuit that fundamentally changed how policymakers, courts, and the technology industry view AI training data liability.

Assigned to Judge Sidney H. Stein and docketed as Case No. 1:23-cv-11195-SHS, the case alleges that OpenAI and Microsoft used millions of Times articles to train ChatGPT and GPT-4 without license or compensation. The Times attaches exhibit evidence showing ChatGPT outputting near-verbatim reproductions of paywalled articles.

Core allegations in the NYT complaint:

• OpenAI ingested Times content through large-scale web scraping
• The resulting model can reproduce Times reporting word-for-word on demand
• This reproduction substitutes for paid subscriptions, causing direct economic harm
• OpenAI's fair use defense fails because the use is commercial and market-substitutive

The complaint seeks billions in statutory damages under 17 U.S.C. Section 504(c), which allows $150,000 per work for willful infringement. Given the scale of alleged reproduction, the theoretical damages exposure is extraordinary.

Susman Godfrey LLP represents the Times, according to publicly filed court documents. The firm is one of the most prominent trial-focused plaintiff firms in the country.

*Attorney Insight: Attorneys handling these claims point to the Times' exhibit evidence, specifically the side-by-side reproduction comparisons, as unusually compelling at the pleading stage because it directly challenges the argument that the model merely "learned from" rather than "copied" protected content.*

Litigation Watch: The NYT case is the bellwether for all AI copyright litigation: its discovery record and any ruling on summary judgment will almost certainly be cited in every competing copyright action pending against OpenAI and its competitors.

OpenAI Lawsuit Against Authors: Writers Fight Back in Federal Court

The author-side litigation against OpenAI is not a single case. It is a collection of overlapping class action complaints filed primarily in the Northern District of California, with the most prominent consolidated under Case No. 3:23-cv-03223.

Filed in late 2023 and proceeding through 2026, these cases allege that OpenAI ingested entire book catalogs, including works available through LibGen and Books3, without author consent, payment, or credit.

Publicly named plaintiffs in filed court documents include bestselling fiction and nonfiction authors. The Authors Guild, representing more than 10,000 writers, has filed its own separate action and submitted amicus-level arguments in the consolidated proceedings.

What authors are alleging:

• Their complete published works were scraped and used in training data
• No license was sought or paid
• ChatGPT can reproduce their writing style, structure, and specific passages
• This reproduction undermines their licensing market and creates unauthorized derivative works

The primary legal theory is direct copyright infringement under 17 U.S.C. Section 106, with additional claims for removal of copyright management information under the Digital Millennium Copyright Act.

Statutory damages potential:

*Attorney Insight: Attorneys handling these claims point to the discovery order requiring OpenAI to produce documentation of its training corpus as the most important near-term development, because it will establish precisely which works were used and when.*

Elon Musk OpenAI Lawsuit: What the Governance Battle Is Really About

Elon Musk's litigation against OpenAI is categorically different from the intellectual property cases. It is a governance and contractual dispute, not a copyright claim.

Musk co-founded OpenAI in 2015 as a nonprofit dedicated to the development of artificial general intelligence for the benefit of humanity, not shareholders. His lawsuit alleges that the organization's conversion to a capped-profit model, and its close partnership with Microsoft, constitutes a fundamental breach of the founding agreements and the fiduciary duties owed to the charitable mission.

The case was initially filed in California federal court in early 2024, encountered jurisdictional complications, and was refiled in California Superior Court with additional claims. As of 2026, it is proceeding through early motion practice.

Core legal theories in Musk's complaint:

• Breach of written and implied contractual obligations from the 2015 founding documents
• Breach of fiduciary duty by OpenAI board members
• Unfair business practices under California Business and Professions Code Section 17200
• Unjust enrichment based on Musk's early financial contributions to the nonprofit

The relief sought is primarily injunctive: Musk wants to block or unwind the commercial conversion, not just collect money. That makes this case structurally different from the damages-focused copyright actions.

*Attorney Insight: Attorneys handling these claims point to the nonprofit conversion structure as the legally novel issue, because very few courts have addressed whether a co-founder of a charitable entity has standing to sue over a mission change of this scale.*

OpenAI Copyright Lawsuit: How the Fair Use Defense Is Playing Out

OpenAI's central defense in the copyright cases is fair use under 17 U.S.C. Section 107. The company argues that training an AI model on published works is a transformative use that produces something categorically new, not a reproduction intended to replace the original.

Courts apply a four-factor analysis to fair use claims. OpenAI is contesting all four, but the battlefield is primarily factors one and four: the purpose and character of the use, and the effect on the potential market for the original work.

The four-factor fair use analysis as applied to AI training:

Federal courts have not yet issued a published opinion on whether AI training constitutes fair use. The SDNY and ND Cal judges handling these cases are making new law with no appellate guidance directly on point.

The closest precedent is *Authors Guild v. Google* (2d Cir. 2015), which found Google Books' scanning and snippet display transformative. OpenAI leans heavily on that case. Plaintiffs argue ChatGPT's full-text reproduction goes far beyond snippet display.

*Attorney Insight: Attorneys handling these claims point to the market-substitution evidence as potentially dispositive on factor four, because if a plaintiff can show that ChatGPT reduces demand for licensed content, the fair use defense weakens substantially.*

Litigation Watch: The fair use question at the heart of the OpenAI copyright cases is one courts have never resolved in the AI context, and whichever side prevails will set the framework for every future AI copyright dispute in the United States.

OpenAI Class Action Lawsuit: Who Is Named and What They're Claiming

Multiple class action lawsuits have been filed against OpenAI in federal court, representing distinct classes of plaintiffs. These are not all the same case under different names; they involve different proposed classes, different legal theories, and different jurisdictions.

The Northern District of California is the primary venue because OpenAI is headquartered in San Francisco. Judge Araceli Martinez-Olguin has been assigned to several of the consolidated proceedings.

Active class action cases by plaintiff class:

Class certification is the critical threshold. A motion to certify a class requires showing commonality, typicality, adequacy, and numerosity. The author cases have the most straightforward path to certification because the proposed class members all have the same core injury: their books were in the same training corpus.

*Attorney Insight: Attorneys handling these claims point to the numerosity requirement as easily met in both the author and consumer privacy cases, given that the training corpus included millions of works and ChatGPT has over 180 million registered users globally.*

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OpenAI Privacy Lawsuit: The CCPA and Data-Scraping Claims

The privacy litigation against OpenAI operates on different legal ground than the copyright cases. These claims do not depend on creative authorship. They depend on whether OpenAI collected, retained, or processed personal information without required disclosures or consumer consent.

California's Consumer Privacy Act (CCPA) and its 2023 amendments under the CPRA are the primary statutory frameworks. They give California residents the right to know what personal data has been collected, to request deletion, and to opt out of sale or sharing. Violation can trigger $100 to $750 per consumer per incident in civil penalties at class resolution, or actual damages if greater.

What the privacy complaints specifically allege:

• OpenAI scraped personal data from public websites, social media platforms, and user interactions without adequate notice
• ChatGPT conversations were retained and used for further model training without explicit consent
• Data from minors was processed in violation of COPPA's parental consent requirements
• OpenAI's privacy disclosures were materially inadequate under California law

The FTC's investigative inquiry, opened in 2023 and still active as of 2026, focuses on some of these same questions, specifically whether OpenAI's data practices caused harm to consumers.

*Attorney Insight: Attorneys handling these claims point to the CCPA's private right of action for data breaches as the strongest lever for individual plaintiffs, because it does not require proof of economic harm beyond the statutory per-incident amount.*

Litigation Watch: The privacy litigation introduces a regulatory enforcement dimension that the copyright cases lack, because an adverse FTC finding could be used as collateral evidence in the civil class actions, accelerating settlement pressure.

OpenAI Defamation Lawsuit: When ChatGPT Fabricates Facts About Real People

OpenAI faces a growing category of defamation claims arising from ChatGPT's documented tendency to generate factually false statements about real, named individuals. In the legal community, this is called "AI hallucination," but in tort law, it may constitute defamation or negligent misrepresentation.

The most publicly documented U.S. case involves a radio host who discovered that ChatGPT had generated a fictional legal complaint against him, complete with fabricated dates, a nonexistent case, and false allegations of embezzlement. That case was filed in Georgia federal court.

Key elements of an AI defamation claim:

The legal complexity here is significant. OpenAI has argued that its outputs are not "statements of fact" but probabilistic text generation. Courts have not definitively ruled on whether an AI system can be a "publisher" for defamation purposes or whether Section 230 immunizes AI-generated content.

*Attorney Insight: Attorneys handling these claims point to Section 230 as the most contested threshold question, because if courts apply traditional platform immunity to AI-generated content, individual defamation claims become extremely difficult to sustain.*

OpenAI Antitrust Lawsuit: Is the AI Market Already Cornered?

The antitrust dimension of the OpenAI litigation received less initial attention than the copyright cases, but it has gained legal traction in 2026. The core argument is that the partnership between OpenAI and Microsoft has created exclusionary market conditions that prevent viable competition in the large language model market.

Federal antitrust claims under Sherman Act Sections 1 and 2 require showing either a conspiracy in restraint of trade or monopolization. The structural challenge for antitrust plaintiffs is defining the relevant market. Is it "AI assistants"? "Large language models"? "Enterprise AI tools"? The answer determines whether Microsoft-OpenAI's combined position constitutes a monopoly.

Antitrust claims summary:

• Microsoft's multi-billion dollar investment in OpenAI gives it preferential API access and model integration rights
• Competitors allege this creates vertical foreclosure in the enterprise AI market
• OpenAI's exclusive Azure hosting arrangement is cited as an anticompetitive exclusive dealing agreement
• The European Commission and the UK Competition and Markets Authority have both opened parallel investigations

The DOJ Antitrust Division has not filed suit as of publication, but its AI market inquiry remains active. Private plaintiff antitrust complaints are pending in the District of Columbia and the Northern District of California.

*Attorney Insight: Attorneys handling these claims point to the Microsoft-OpenAI investment structure as a potential per se issue under exclusive dealing doctrine, arguing that it forecloses competitors from accessing equivalent compute, training resources, and distribution channels.*

OpenAI Lawsuit Settlement: What Terms Are Being Discussed

As of mid-2026, OpenAI has not reached a global settlement in any of the major copyright cases. Several smaller actions have reportedly been resolved under confidential terms, but no publicly announced settlement fund exists.

Settlement discussions in cases of this scale typically follow a predictable pattern. Before any class action settles, courts require a fairness hearing, notice to class members, and an opportunity to object or opt out. The absence of a public settlement in the NYT or Authors Guild cases means those cases remain on a litigation track.

Settlement likelihood analysis by case type:

One structural pressure toward settlement is the cost of discovery. Internal documentation about training data composition and rights-clearance procedures represents commercially sensitive material that OpenAI's leadership almost certainly prefers not to become part of the public record.

*Attorney Insight: Attorneys handling these claims point to the discovery cost leverage as frequently more decisive than the merits in cases of this scale, because the expense and reputational risk of full production often make a negotiated resolution economically rational for defendants.*

Litigation Watch: No global settlement is imminent as of mid-2026, but the discovery pressure in the NYT and author cases is creating the kind of internal exposure that historically precedes settlement negotiations in major IP litigation.

OpenAI Lawsuit Status: Court Dates, Motions, and What Comes Next

The procedural calendar for OpenAI litigation in the second half of 2026 is dense. Multiple cases are approaching key milestones simultaneously, which means significant legal developments are expected before year-end.

2026 litigation calendar highlights:

The author class certification ruling carries the highest near-term significance. If Judge Martinez-Olguin certifies the class, OpenAI faces a certified plaintiff pool potentially numbering in the tens of thousands of authors. That scale of exposure typically accelerates settlement discussions measurably.

Summary judgment in the NYT case is the event that could most directly produce legal precedent. A ruling on fair use at that stage would be the first substantive judicial opinion on AI training data copyright since the wave of AI litigation began.

*Attorney Insight: Attorneys handling these claims point to the convergence of the class certification and summary judgment calendars in mid-to-late 2026 as the period when the legal and business pressure on OpenAI will be at its highest, making this the most active window for case resolution in either direction.*

Can I Join an OpenAI Lawsuit? Eligibility and How Claims Are Filed

Whether a particular person or organization can join an existing OpenAI lawsuit depends on which case is relevant to their situation and whether a class has been certified.

For purposes of 2026 litigation, three groups have the strongest standing arguments.

Group 1: Published authors and journalists

Eligibility for the author copyright class actions requires:

• Holding a registered copyright in a published work
• That work being plausibly included in OpenAI's training data (books published before 2023 from major publishers are most likely included)
• Filing a claim once a class is certified and a claims process is established

Group 2: California consumers (CCPA privacy claims)

Eligibility for CCPA-based privacy class actions requires:

• Being a California resident
• Having used ChatGPT or another OpenAI service
• Personal data having been collected, retained, or processed
• Suffering either a data breach or a statutory CCPA violation

Group 3: Individuals defamed by ChatGPT output

These claims are brought individually, not as a class. To pursue a defamation claim:

• ChatGPT must have generated a provably false statement of fact about you
• The statement must have been seen by at least one other person
• You must have suffered or be at risk of reputational or economic harm
• You should document the exact output and the date it was generated

How to initiate the process:

*Attorney Insight: Attorneys handling these claims point to copyright registration as a threshold requirement for statutory damages. Authors who published works but never registered them with the U.S. Copyright Office can still register before filing, though timing affects damage eligibility.*

OpenAI Lawsuit What It Means for Users, Creators, and Businesses

The OpenAI litigation has practical implications that extend well beyond the named plaintiffs. The outcomes of these cases will set rules that affect how every AI company operates and how every content creator's intellectual property is treated.

For individual creators and writers, the most direct implication is whether their published works can be used to train commercial AI systems without consent or compensation. A plaintiff victory in the author cases would require AI companies to license training data, fundamentally changing the economics of model development.

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For businesses that rely on OpenAI products, the antitrust and governance litigation introduces uncertainty about product continuity and pricing, particularly for enterprises that have built workflows around the OpenAI API.

Implications by stakeholder group:

For users who believe their personal data was mishandled, the privacy cases are the most directly actionable pathway. The CCPA provides statutory damages without requiring proof of specific economic harm, making it the most accessible route for California residents.

*Attorney Insight: Attorneys handling these claims point to the business-side implications as often underestimated, because companies that built products on top of OpenAI's API could face derivative liability exposure if the underlying model is found to have been trained on infringing content.*

Litigation Watch: Whatever courts decide about OpenAI's training data practices, the precedent will apply equally to every competing AI system built on similar foundations, meaning this litigation will restructure the entire generative AI industry's legal framework.

OpenAI Lawsuit Today: The Cases Most Likely to Move in the Next 90 Days

Tracking active litigation requires identifying which cases are approaching decision points, not just which ones have been filed.

In the 90-day window from mid-2026, three proceedings carry the highest probability of producing a publicly significant development.

Priority watch list:

1. Author class certification (ND Cal)

This is the single most consequential near-term ruling. If the court certifies a class of thousands of published authors, the scale of liability exposure forces a settlement negotiation that has until now been avoided.

2. NYT summary judgment briefing (SDNY)

Briefing schedules set by Judge Stein will bring the fair use question into sharp focus. Even without a ruling in this window, the arguments filed will be the most complete legal record on AI training data copyright produced by any U.S. court.

3. Musk demurrer ruling (Cal. Superior Court)

California's Superior Court is expected to rule on early motions in the refiled governance case. If the demurrer is denied, the case proceeds to discovery and Musk's foundational documents subpoena becomes active.

Monitoring checklist:

• Check PACER for filings in Case No. 1:23-cv-11195 (SDNY, NYT case)
• Check PACER for class certification order in Case No. 3:23-cv-03223 (ND Cal, authors)
• Monitor California Courts' online docket for Musk v. OpenAI in San Francisco Superior Court
• Review FTC's public statement log for any OpenAI-specific enforcement announcements

*Attorney Insight: Attorneys handling these claims point to the class certification ruling as the event most likely to shift the entire litigation landscape, because certified classes have settlement leverage that pre-certification plaintiff groups do not.*

Frequently Asked Questions

What is the current status of the OpenAI lawsuit filed by The New York Times?

The New York Times v. OpenAI (Case No. 1:23-cv-11195-SHS, SDNY) is in active discovery as of mid-2026.

Judge Sidney H. Stein has overseen the case since its December 2023 filing, and summary judgment briefing is expected to begin in the second half of 2026.

No settlement has been announced, and the case remains on a litigation track.

Can authors or writers join a class action lawsuit against OpenAI?

Authors with registered copyrights in published works may have standing to participate once the ND Cal author class is certified.

A class certification ruling is expected in the third quarter of 2026, after which eligible class members will receive formal notice.

Consulting an intellectual property attorney before that ruling helps establish your rights and ensures you understand your opt-in or opt-out options.

What are OpenAI's legal arguments for using copyrighted material to train its AI?

OpenAI's primary defense is fair use under 17 U.S.C. Section 107, arguing that training a language model is transformative and does not substitute for the original works.

The company draws on *Authors Guild v. Google* (2d Cir. 2015), which upheld Google Books as transformative use.

Plaintiffs counter that ChatGPT's reproduction of full text on demand is categorically different from Google's search-indexed snippet display.

Has OpenAI settled any of the lawsuits filed against it?

No publicly announced settlements have been reached in the major copyright or privacy class actions as of mid-2026.

Several smaller individual claims have reportedly been resolved under confidential terms.

A global settlement in the NYT or author cases is not anticipated in the near term, though the discovery phase is expected to increase settlement pressure.

What type of attorney handles copyright or privacy claims against OpenAI?

Copyright infringement claims against OpenAI are handled by intellectual property litigation attorneys with federal court experience.

CCPA-based privacy class actions are handled by consumer privacy attorneys who specialize in data protection and class action practice.

Defamation claims arising from ChatGPT hallucinations are handled by media and defamation attorneys, typically those with experience in digital publication liability.

What does the Elon Musk lawsuit against OpenAI actually allege?

Musk's refiled complaint alleges that OpenAI breached the founding agreements that established it as a nonprofit dedicated to beneficial AI development, not commercial profit.

The case also alleges breach of fiduciary duty by board members who approved the commercial conversion and Microsoft partnership.

The primary relief Musk seeks is injunctive: he wants to block or reverse the structural changes, not simply collect monetary damages.

Closing

The OpenAI lawsuit docket in 2026 is not a single story. It is at least five separate legal battles, each at a different stage, each testing a different area of law, and each capable of producing a ruling or settlement that reshapes the AI industry.

If you are a published author, a journalist, a ChatGPT user whose data was collected, or someone who has found their name attached to fabricated information generated by an AI system, a legal claim may be available to you. The right type of attorney depends on the specific nature of your injury.

Consulting an intellectual property attorney, a consumer privacy attorney, or a defamation attorney for a case evaluation is the concrete next step, particularly before any class certification deadline narrows your options.

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