Topic
Ascertainability
43 published works
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…
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…
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The Tenth Circuit recently affirmed an order denying class certification, in an unpublished decision holding that district courts may rely on out-of-circuit precedent in deciding whether a proposed class is…
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…
Inside Class Actions
Third Circuit Further Refines Its Ascertainability Requirement
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.…
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”…
Southeast Financial Litigation Monitor
Eleventh Circuit Reverses Course on Ascertainability Standard in Class Actions; Turns Tide in Plaintiffs’ Favor
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.…
Class Action Countermeasures
Santa’s List of Names Does Not Define a Class
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,…
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…
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…