• videocam Live Webinar with Live Q&A
  • calendar_month September 17, 2026 @ 1:00 PM ET/10:00 AM PT
  • signal_cellular_alt Intermediate
  • card_travel Class Action
  • schedule 90 minutes

Class Claims Against Data Center Operators: Certification Hurdles, Substantive Defenses, Lessons From Similar Cases

About the Course

Introduction

This CLE webinar will offer a comprehensive overview of class actions being filed against operators of data centers. The program will compare and contrast these class actions with analogous class litigation arising from things such as ethylene oxide (EtO), cryptocurrency mining, and opioids. Our speakers will review the causes of action being asserted, the remedies sought and available, the forums in which the suits are being filed, substantive strengths and weaknesses, and where Rule 23 hurdles are most likely to arise.

Description

Putative class action lawsuits against data center operators, and in some cases developers, are an emerging risk. The suits follow patterns seen in other class lawsuits alleging environmental and toxic harm and provide lessons for all sides in avoiding unnecessary conflict. They typically allege public or private nuisance, negligence, air and/or water pollution, and land-use/zoning violations. Plaintiffs seek compensatory and punitive damages and injunctive relief. Experts on the effects of prolonged exposure to noise or light can expect scrutiny.

When proceeding under Rule 23, plaintiffs may face additional hurdles beyond establishing the substantive claims they allege. Standing and predominance issues typically present challenges, specifically with establishing a classwide way to demonstrate damage and measure damages. Defendants can be expected to argue that injuries are too individualized to be established with common evidence. Many problems may in fact be temporary and remediable in certain ways.

Listen as our highly qualified panel of class action counsel offers guidance on both bringing and defending class claims being asserted against data centers, practical remedies that may avoid unnecessary delays, substantive strengths and weaknesses, and the Rule 23 challenges and which are more or less likely to prevail. 

Presented By

Daniel T. Campbell
Partner
Crowell & Moring

Mr. Campbell has over 25 years of experience representing clients in their biggest litigations and guiding clients through their most significant disputes, working with corporations and organizations facing product liability, commercial, or contractual disputes throughout the United States. In product matters, he serves as national coordinating counsel, strategic counsel, and lead trial counsel for companies of all sizes on product liability, warranty, and other personal injury and property damage claims. Mr. Campbell's tort and product liability experience spans various industries, including automotive, medical device, railroad, and aviation, and his clients include product manufacturers, distributors and retailers. He litigates complex insurance coverage disputes, as well as complex contract, commercial litigation and arbitration matters for product manufacturers, service providers, and government contractors.

Peter C. Condron
Partner
Crowell & Moring

A veteran litigator who focuses his practice on toxic tort, product liability, and commercial matters, Mr. Condron has extensive experience in defending clients in chemical liability litigation. He has appeared in trial and appellate courts across the nation and helped clients with some of their most challenging litigation problems. Mr. Condron has defended major oil companies in product liability litigation, class action lawsuits, and property damage claims arising from gasoline spills, including litigation over the gasoline component MTBE. He has also defended clients in cases involving per- and polyfluoroalkyl substances (PFAS), and he has extensive experience in federal multidistrict litigation. Mr. Condron has represented corporate clients in various contract and insurance disputes, antitrust matters, arbitrations, and other commercial litigation at both the trial and appellate levels in federal and state courts. Along with representing major oil companies, natural gas companies, and other corporate clients in environmental, toxic tort, and product liability cases, he also counsels clients on non-litigation matters. 

H. Max Kelln
Partner and Co-Leader, Environment & Energy Group
Faegre Drinker Biddle & Reath LLP

Mr. Kelln is an environmental attorney and co-leader of Faegre Drinker’s environment and energy group, which advises clients nationwide on regulatory compliance, litigation and environmental policy. He represents municipalities, utility companies, manufacturers and developers across the country as they navigate complex environmental requirements and resolve high-stakes disputes related to infrastructure, emerging contaminants and legacy contamination. Mr. Kelln is recognized in Chambers USA for environmental law in Indiana and has been central to the growth of the firm’s nationally ranked environment and energy practice.

Credit Information
  • This 90-minute webinar is eligible in most states for 1.5 CLE credits.


  • Live Online


    On Demand

Date + Time

  • event

    Thursday, September 17, 2026

  • schedule

    1:00 PM ET/10:00 AM PT

I. Causes of action: strengths, weaknesses, defenses

II. Impact of state or federal venue; CAFA; removal

III. Remedies: damages and injunctive relief

IV. Rule 23 hurdles 

A. Defining the class

B. Predominance vs. individualized harm

C. Typicality

D. FRE 702 and role of experts

V. Lessons and practical tips from similar types of class actions

The panel will discuss these and other key issues:

  • How can operators avoid some of the issues upon which class claims are based with proactive planning?
  • What lessons can be applied from other environmental class litigation?
  • Are nuisance claims more efficiently defended by opposing certification or on the merits?