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Expert Analysis

Class Ascertainability Continues To Become More Concrete

Law360, New York (September 16, 2014, 12:06 PM EDT) -- In a recent unpublished decision, District Judge Robert B. Kugler of the U.S. District Court for the District of New Jersey analyzed the ascertainability prong on a motion for class certification, applying the recent trilogy of Third Circuit cases that have addressed the issue and either denied or remanded the motion for class certification. See In re Paulsboro Derailment Cases, Civ. No. 13-784 (D.N.J. Aug. 20, 2014) (citing Marcus v. BMW of North America LLC, 687 F.3d 583 (3d Cir. 2012); Hayes v. Wal-Mart Stores Inc., 725 F.3d 349 (3d Cir. 2013); and Carrera v. Bayer Corp., 727 F.3d 300 (3d Cir. 2013))....

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