Topic
Ascertainability
43 published works
Class Action Countermeasures
Ascertainability in 2017
2017 was an unusually eventful year for lawyers who track the ascertainability requirement, which had, for the last five or so years, become a staple argument for class action defendants. …
Consumer Financial Services Law Monitor
Auto Finance Company Unable to Shake TCPA Class Action
By Alan D. Wingfield, Brooke Conkle
The Third Circuit recently clarified in important ways its ascertainability standard for class actions under Rule 23 in a case that arose from the efforts of an auto finance company…
Class Defense Blog
Making sense of the cascade of appellate decisions on ascertainability
By Archis A. Parasharami, Daniel Jones, Adam Hudes
We have repeatedly discussed in this space the ongoing debate among the federal courts about ascertainability—a red-hot topic in class action litigation these days. (For a more detailed look at…
Consumer products law blog
UPDATE: Seventh Circuit ascertainability holding petitioned to the Supreme Court
We previously reported on the Seventh Circuit’s decision in Mullins v. Direct Digital, LLC, in which the Court systematically refuted every policy argument made to support holdings like the Third…
Class Actions Insider
Ascertainability in Class Actions: Second Circuit Weighs In
Ascertainability has been a hot topic in class action appeals recently. The Third Circuit recently clarified its ascertainability standard (see my April 20 blog post). The committee considering potential Rule…
Real Lawyers Have Blogs
Top 10 in Law Blogs: Web-branding, Obama, Ascertainability
Happy Thursday everyone! It's almost the weekend, and if the forecast is anything like it is here in Seattle it's time to make some plans involving air conditioning. On LXBN…
Civil Procedure & Federal Courts Blog
Note on Class Ascertainability
The Yale Law Journal has published a note by student Geoffrey C. Shaw on Class Ascertainability. It may be of interest given the Civil Rules Advisory Committee's recent report to the…
Mass Tort Defense
Court of Appeals Affirms Rejection of Unascertainable Class
By Sean Wajert
The 11th Circuit earlier this month upheld a district court's rejection of a proposed class action, relying on the ascertainability doctrine. See Karh
Mass Tort Defense
Class Rejected Again Under Ascertainability Doctrine
By Sean Wajert
We have posted before about the important doctrine of ascertainability, implicit in Rule 23's requirements. And last year we posted about a federal co
Class Action Lawsuit Defense
Third Circuit Clarifies Standard for Ascertainability
In a recent ruling vacating denial of class certification, the Third Circuit provided guidance on the scope of the implied “ascertainability” requirement under Rule 23. Byrd v. Aaron’s, Inc., 2015…