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).

Trial judges have explained that “[t]he court must be able to readily ascertain class members in order to permit members to opt-out and to determine who is or is not bound by the judgment. The process of identification must...

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