Recent Reflections Of Heightened Class Ascertainability

Law360, New York (October 14, 2015, 4:19 PM EDT) -- Ira Neil Richards

Aaron J. Fickes "Ascertainability" — that is, whether class members can be ascertained with administrative efficiency — continues to develop as a significant issue in class certification. Two recent opinions, Brecher v. Republic of Argentina, No. 14-4385, 2015 U.S. App. LEXIS 16493 (2d Cir. Sept. 16, 2015), in which the Second Circuit adopted ascertainability as a separate class-certification requirement, and In re Processed Egg Products Antitrust Litigation, No. 08-md-2002, 2015 U.S. Dist. LEXIS 124799 (E.D. Pa. Sept. 18, 2015), in which the court applied what has been called "heightened ascertainability" within the Third Circuit, demonstrate how the developing...

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