⚖ Oral Arguments, with Context

The First Circuit hears Nightingale v. National Grid. Robert Nightingale says National Grid's debt collectors called his cellphone five times over four days in June 2018 while trying to collect an electricity debt. Massachusetts generally limits creditor-initiated debt-collection calls to two in seven days. Nightingale sued for himself and other Massachusetts consumers who received similarly frequent calls. A district judge refused to certify a class, and the First Circuit later revived Nightingale's individual claim and sent the certification question back. The judge again denied certification, finding that person-specific questions would predominate. Under Rule 23, predominance asks whether common questions outweigh individual ones enough for a class action to proceed fairly and efficiently. This appeal asks whether the judge abused his discretion by finding that company records could not resolve those individual questions without thousands of separate inquiries.

Nightingale v National Grid USA Service Company, Inc. (No. 25-2121) — U.S. Court of Appeals for the First Circuit, argued September 16, 2026.