Reliable Evidence Required To Show Class Ascertainability

Law360, New York (September 16, 2013, 12:56 PM EDT) -- The Third Circuit recently reaffirmed its prior pronouncement that an “essential prerequisite" to class certification is a showing by a preponderance of the evidence that the class is ascertainable in a way that is both “objective" as well as “reliable and administratively feasible." In doing so, the court stated bluntly that class membership cannot be based on the “say-so” of putative class members.

In Hayes v. Wal-Mart Stores Inc.,[1] the Third Circuit granted an interlocutory appeal under Fed. R. Civ. P. 23(f) and reversed a trial certifying class claims for consumer fraud, breach of contract and unjust enrichment on behalf of...

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