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Expert Analysis

Courts Continue To Accentuate The Ascertainable Class

Law360, New York (February 20, 2014, 4:33 PM EST) -- Recent federal decisions evaluating motions for class certification have recognized the critical importance of plaintiff's burden to show an "ascertainable" class.[1] The Third Circuit, for example, explained that "[a]scertainability provides due process by requiring that a defendant be able to test the reliability of the evidence submitted to prove class membership." Carrera v. Bayer Corp., 727 F.3d 300, 307 (3d Cir. 2013)....

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