Growing Insistence Among Courts For Ascertainability

Law360, New York (July 18, 2014, 11:30 AM EDT) -- Recently, a growing number of courts have denied class certification in cases brought by purchasers of a specific product because those purchasers lacked complete and objective records of their purchases. These courts have explained that a class must be ascertainable to be certified, which requires both an objective definition and an administratively feasible way to determine who meets that definition. Although these courts have not typically relied upon Rule 23's text or the U.S. Supreme Court's class certification case law, these authorities lend further support to these decisions and confirm that courts should be wary of certifying a class when there is no simple way to identify who is in that class....

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