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Expert Analysis

Courts Line Up Behind 3rd Circ.'s Ascertainability Logic

Law360, New York (July 25, 2014, 11:14 AM EDT) -- Recent decisions in the Third Circuit and elsewhere have increasingly emphasized the significance of the ascertainability of classes certified under Rule 23(b)(3). In these decisions, courts continue to limit the viability of class actions where class members cannot be readily identified, as is the case when class representatives bring an action on behalf of class members regarding an unsubstantiated purchase of the product allegedly at issue....

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