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Topic

Ascertainability

43 published works

  1. Class Action Countermeasures

    Ascertainability in 2017

    By McGuireWoods LLP

    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. …

  2. 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…

  3. 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…

  4. Consumer products law blog

    UPDATE: Seventh Circuit ascertainability holding petitioned to the Supreme Court

    By NRF Digital Team

    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…

  5. Class Actions Insider

    Ascertainability in Class Actions: Second Circuit Weighs In

    By Wystan Ackerman

    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…

  6. 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…

  7. Civil Procedure & Federal Courts Blog

    Note on Class Ascertainability

    By Patricia W. Moore

    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…

  8. 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

  9. 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

  10. Class Action Lawsuit Defense

    Third Circuit Clarifies Standard for Ascertainability

    By Jacqueline Matthews

    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…