Law.com covered McGuireWoods’ significant victory on behalf of client GPS Air (formerly Global Plasma Solutions) in a July 9, 2026, story in the Delaware Business Court Insider. McGuireWoods was also featured in The Am Law Litigation Daily’s “Litigator of the Week Runners-Up and Shout-Outs” column based on the ruling.
Third Circuit Judge Stephanos Bibas, sitting by designation in the U.S. District Court for the District of Delaware, decertified a putative class of consumers that he previously certified because the plaintiff was unable to identify individual class members as anticipated.
“Class certification rests on facts, not forecasts,” Judge Bibas wrote in the July 7 ruling. “The forecast in this case did not pan out.”
McGuireWoods Charlotte partner Robert Muckenfuss, co-leader of McGuireWoods’ Financial Services Litigation Practice Group, told Delaware Business Court Insider that the decertification is the latest step in a series of disputes stemming from the March 2021 publication of an article calling GPS Air’s air purifying technology ineffective. GPS Air is also pursuing a defamation and false advertising case in North Carolina.
“Our client has been trying to show the world that its products are safe and effective, and the defamation case is sort of the last piece of that,” Muckenfuss said. “This class action is a big part of the progression for our client in showing that these allegations are false, and the decertification is part of it.”