Topic
Ascertainability
43 published works
Class Defense Blog
More Thoughts On Ascertainability And Why It Matters In Deciding Whether To Certify A Class Action
By Archis A. Parasharami, Kevin Ranlett
Can you have a class action if you can’t figure out who’s in the proposed class? According to many in the plaintiffs’ bar, the answer is “yes.” But as we…
Class Defense Blog
Third Circuit Rejects Effort At End Run Around The Ascertainability Requirement
We previously wrote about the Third Circuit’s decision in Carrera v. Bayer Corp., which reversed a district court’s class-certification order because there was no reliable way to ascertain class membership—indeed,…
Class Action Countermeasures
When Ascertainability Is Just the Symptom
By The Editors
Challenges to ascertainability have become noticeably more popular over the last few years. As a result, defendants will sometimes challenge the class definition even though there are deeper problems with…
Class Action Countermeasures
Ascertainability and Administrative Feasibility – Sethavanish v. ZonePerfect Nutrition Co.
By The Editors
This week's case continues a trend I've written about before: more courts are declining to certify class actions where they will not be able to ascertain class membership based on…
Mass Tort Defense
Ascertainability Issues Doom Class
By Sean Wajert
The federal court in Maryland recently rejected a proposed class action under the Telephone Consumer Protection Act, raising the important issue of as
Food, Drug & Agriculture
I Scream, You Scream, We All Scream For…Ascertainability?
By Paul Seeley
How Ben & Jerry’s Defeated an “All Natural” Class Certification Motion On January 7, 2014, the Northern District of California refused to certify a class of Ben & Jerry’s purchasers…
Class Action Lawsuit Defense
The Ascertainability Requirement Claims Another Class. A Growing Trend?
By Patrick T. Lewis, Jonathon Korinko
A new case, Hernandez v. Chipotle Mexican Grill, Inc., No. CV 12-5543 DSF JCX, 2013 WL 6332002 (C.D. Cal. Dec. 2, 2013), highlights challenges plaintiffs face in certifying classes where…
Mass Tort Defense
Third Circuit Issues Opinion on Ascertainability
By Sean Wajert
We have posted before about the potential importance of the implicit requirement under Rule 23 that a class be ascertainable under the definition prop
Mass Tort Defense
Rule 23’s “Ascertainability” and “Numerosity” Prerequisites Again Prove Their Worth in Defeating Class Certification
By Sean Wajert
Today a special treat for our readers: my partner Becky Schwartz has submitted a post as guest blogger. Becky has defended numerous high profile class
Class Action Countermeasures
Ascertainability – Fail-Safe Classes and Structural Flaws
By The Editors
The other day, I had the distinct privilege of participating in a Strafford CLE on various aspects of ascertainability. I was supposed to co-present with fellow blogger Russell Jackson, but…