Ascertainability: A Must For Class Certification

Law360, New York (September 5, 2012, 12:26 PM EDT) -- On Aug. 7th, 2012, the United States Court of Appeals for the Third Circuit issued an important decision clarifying the proof needed to satisfy the ascertainability and numerosity requirements of a class under Rule 23. Marcus v. BMW of North America LLC, Nos. 11-1193, 11-1192, __ F.3d __ (3d Cir. Aug. 7, 2012).

In its first comprehensive ruling on the subject, the Third Circuit made clear that ascertainability is an essential class certification requirement under Rule 23(b)(3). The court held that if class members are impossible...
To view the full article, register now.