Topic
Ascertainability
43 published works
Class Actions Insider
Third Circuit Clarifies Its Ascertainability Standard
Ascertainability is an implied requirement for class certification, not expressly addressed in Fed. R. Civ. P. 23. While there are different formulations of the requirement, in essence it requires that…
Business and Commercial
California Court of Appeal Lowers the Bar on Ascertainability Requirement in Consumer Class Actions
By Robin Achen
In Aguirre v. Amscan Holdings, Inc., Case No. 073059, 2015 Cal. App. LEXIS 214 (Cal. Ct. App. Feb. 11, 2015), a California Court of Appeal reversed the denial of certification…
Business and Commercial
California Court of Appeal Lowers the Bar on Ascertainability Requirement in Consumer Class Actions
By Robin Achen
In Aguirre v. Amscan Holdings, Inc., Case No. 073059, 2015 Cal. App. LEXIS 214 (Cal. Ct. App. Feb. 11, 2015), a California Court of Appeal reversed the denial of certification…
Class Action & Mass Torts
Ascertainability Saps Plaintiffs’ Energy in Dietary Supplement Class Action
By Paul Seeley
In the recent decision Mirabella v. Vital Pharmaceuticals, Inc., Case No. 12-62086-CIV-ZLOCH (S.D. Fl. Feb. 27, 2015) the plaintiffs attempted, but failed, to certify a nationwide class of all purchasers…
Consumer products law blog
UPDATE: Ninth Circuit briefing in ConAgra ascertainability appeal complete
As we recently posted, the Ninth Circuit will finally tackle the circuit split on ascertainability, agreeing to hear the appeal of a class certification denial in the case Jones v.…
Class Defense Blog
U.S. Chamber of Commerce Files Amicus Brief on Ascertainability in Key Ninth Circuit Case
By Archis A. Parasharami, Hannah Chanoine
As readers of our blog know, ascertainability is one of the most contentious issues in class action litigation these days. Ascertainability is the main issue presented in Jones v. ConAgra…
Life Sciences Legal Update
A Call for Explicit Requirement of Ascertainability in Class Actions
By Lisa Baird
Over on the Drug & Device Law blog, Reed Smith partner Jim Beck (aka “Bexis”) makes a case for adding an explicit ascertainability requirement to Fed. R. Civ. P. 23…
Consumer products law blog
Ninth Circuit finally poised to decide ascertainability split
At long last, the Ninth Circuit has heard the cries of confused class action litigants and will be weighing in on whether self-identification of class members (without the benefit of…
Consumer products law blog
Red Bull settlement problems show consequences of certifying unascertainable classes
Since the Third Circuit’s opinion in Carrera v. Bayer Corp., courts have been battling with the approach to consumer classes for small-ticket items because consumers often do not retain receipts…
Mass Tort Defense
Class Certification Denied on Ascertainability Grounds
By Sean Wajert
A federal court in New Jersey last week rejected a class certification effort by plaintiffs complaining about the marketing of Skinnygirl Margaritas.