Appeals court declines immediate review of Delta Dental class certification
Dentists may need to act individually as statute of limitations resumes
A federal appeals court has denied a request for immediate review of the decision rejecting class certification in the ongoing antitrust litigation against Delta Dental. As a result, individual dental providers who wish to pursue claims may need to act promptly to protect their rights.
The litigation, filed in 2019, alleges that Delta Dental Plans and the Delta Dental Plans Association violated federal antitrust laws by agreeing to reduce reimbursements through territorial restrictions, fix prices for dental goods and services, and limit competition. Plaintiffs estimate that nearly 240,000 dental providers were harmed by the alleged conduct.
Plaintiffs sought to proceed on behalf of a nationwide class of in-network Delta Dental providers, but in September 2025, the U.S. District Court for the Northern District of Illinois denied the motion for class certification. The plaintiffs then asked the Seventh Circuit Court of Appeals for permission to immediately appeal that ruling, but the appellate court denied the request.
These decisions do not address the merits of any individual provider’s claims, which plaintiffs continue to believe are strong. However, without a certified class, providers must file separate lawsuits to seek recovery. While the class certification issue was pending, the statute of limitations was paused, but it has now begun to run again. Providers who do not act promptly may lose their right to recover.
Because the ADA cannot provide legal advice to member dentists or represent them in the current proceeding, a dentist considering legal action should consult with an attorney to determine whether to file an individual claim or contact one of the law firms representing the plaintiffs in the ongoing litigation:
Quinn Emanuel Urquhart & Sullivan, LLP
191 N. Wacker Drive, Suite 2700, Chicago, IL 60606
Email: deltadentallitigation@quinnemanuel.com | Phone: (312) 705-7424
Wollmuth Maher & Deutsch LLP
500 Fifth Avenue, New York, NY 10110
Email: dentists@wmd-law.com | Phone: (212) 556-0391
The ADA is not promoting or endorsing any law firm. ADA News will continue to update members as developments occur in this litigation.
