3rd Circ. Takes Ascertainability More Seriously

Law360, New York (August 21, 2013, 4:41 PM EDT) -- On Aug. 21, 2013, the U.S. Court of Appeals for the Third Circuit reversed certification of a class action against Bayer involving Bayer’s One-A-Day WeightSmart multivitamin. See Carrera v. Bayer Corp., No. 12-2621 (3d Cir. Aug. 21, 2013). Relying in large measure on another recent ruling in Marcus v. BMW of North America LLC, 687 F.3d 583 (3d Cir. 2012), the Third Circuit reversed the lower court’s order certifying a Florida class asserting consumer fraud claims against Bayer on the ground that the class was not...
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