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Ascertainability

43 published works

  1. Inside Class Actions

    Tenth Circuit Emphasizes Prior Holding that Ascertainability Does Not Require Administrative Feasibility

    By Stephen Rees

    As we previously covered, the Tenth Circuit in Cline v. Sunoco, Inc. (R&M), 159 F.4th 11711 (10th Cir. 2025) adopted the majority view that “administrative feasibility” for identifying class members…

  2. TCPA Blog

    Fourth Circuit Affirms Exclusion of Ascertainability Expert and Denial of Certification

    By Michael P. Daly, Katrina Meyer

    The Fourth Circuit, on appeal from the Eastern District of Virginia, recently upheld the denial of class certification due to the unreliability of the plaintiff’s expert opinion regarding the ascertainability…

  3. Inside Class Actions

    Tenth Circuit Permits District Courts to Rely on Third and Seventh Circuit Ascertainability Precedent

    By Isaac Chaput

    The Tenth Circuit recently affirmed an order denying class certification, in an unpublished decision holding that district courts may rely on out-of-circuit precedent in deciding whether a proposed class is…

  4. Class Action Countermeasures

    Third Circuit Decision Provides Post-Transunion Guidance on Informational Injuries and Ascertainability

    By Bryan A. Fratkin, Trent Taylor, Andrew Gann, Michael A. Brody

    In Kelly v. RealPage, Inc., the Third Circuit held that a small subclass of consumers could proceed on their class action against RealPage based on the company’s failure to provide…

  5. Inside Class Actions

    Third Circuit Further Refines Its Ascertainability Requirement

    By Class Actions Team

    The Third Circuit recently vacated an order denying class certification, and in the process provided more clarity on what plaintiffs must do to satisfy Rule 23’s predominance and ascertainability requirements.…

  6. Product Liability & Mass Torts Blog

    The Eleventh Circuit Joins the Majority in Rejecting a Heightened Ascertainability Requirement for Class Actions

    By James Cromley, Aphrodite Kokolis

    On February 2, 2021, the Eleventh Circuit weighed in on the “ascertainability” debate raging in the federal courts – specifically, whether plaintiffs must show that it would be “administratively feasible”…

  7. Southeast Financial Litigation Monitor

    Eleventh Circuit Reverses Course on Ascertainability Standard in Class Actions; Turns Tide in Plaintiffs’ Favor

    By Gregory C. Cook

    This Tuesday, the United States Court of Appeals for the Eleventh Circuit reversed course on an emerging trend of case law concerning the ascertainability standard for class actions under Fed.…

  8. Class Action Countermeasures

    Santa’s List of Names Does Not Define a Class

    By Trent Taylor, Andrew Gann

    For more than a decade, United States District Courts have taken a stark approach to the need for appropriate class definitions and ascertainability in federal class actions.  Mueller v. CBS,…

  9. The Food Court

    Class Action Ascertainability in the Eleventh Circuit: What Makes the Cut?

    By Ilana Drescher, Lori Lustrin, Melissa Pallett-Vasquez

    On March 19, 2020, Magistrate Judge Goodman recommended certifying a Florida class of purchasers of Prevagen, a memory-enhancement product developed by Quincy Bioscience, LLC.[1]  Plaintiffs’ complaint asserts that Quincy violated…

  10. The Food Court

    In the Third and Eleventh Circuits, Ascertainability Continues to be a Major Certification Hurdle

    By Lori Lustrin, Melissa Pallett-Vasquez

    Dishing Out the Latest F&B Litigation Updates: Part 1 In Re: Tropicana Orange Juice Mktg. & Sales Practices Litig., No. 2:11-cv-07382, 2018 WL 497071 (D.N.J. Jan. 22, 2018) The Skinny:  This is the…