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Expert Analysis

The Circuits Clash Over Class Action Ascertainability

Law360, New York (August 7, 2015, 11:53 AM EDT) -- The Seventh Circuit's July 28, 2015, decision in Mullins v. Direct Digital LLC, Case No. 15-1776, reads as a methodical takedown of the Third Circuit's "heightened" ascertainability analysis. The Mullins court, however, lost sight of the fact that the Third Circuit's "heightened" ascertainability analysis is derived from, and applied alongside of, the traditional superiority and manageability requirements of Rule 23, which the Mullins court fears have been most abrogated by the Third Circuit....

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