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Ascertainability

43 published works

  1. 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…

  2. Class Defense Blog

    Third Circuit Rejects Effort At End Run Around The Ascertainability Requirement

    By Archis A. Parasharami

    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,…

  3. 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…

  4. 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…

  5. 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

  6. 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…

  7. 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…

  8. 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

  9. 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

  10. 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…