Ascertainability Looms Large After Skinnygirl Ruling

Law360, New York (August 8, 2014, 10:42 AM EDT) -- A low-calorie alcoholic beverage marketed by a popular reality show personality has provided some guidelines for class certification motions involving retail purchases. In Stewart v. Beam Global Spirits & Wine, decided on June 27, 2014, in the District of New Jersey, a motion for class certification was denied because the plaintiffs failed to propose an administratively feasible method of ascertaining retail purchasers of the product. The ruling indicates that federal courts in the Third Circuit are becoming stricter when considering motions to certify a class of retail purchasers.

The lawsuit was filed by three purchasers of Skinnygirl Margarita, a premixed alcoholic...

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