A Serious Circuit Split On Class Ascertainability

Law360, New York (June 30, 2016, 4:42 PM EDT) -- The Eighth Circuit’s recent ruling in Sandusky Wellness Center LLC v. Medtox Scientific Inc. on ascertainability deepened a circuit split on one of the most important and challenging class certification issues. Until the U.S. Supreme Court resolves the split, the legal standard for ascertainability will remain a crucial and at times dispositive issue. Along with the Consumer Financial Protection Bureau’s continued efforts to eliminate class action waivers in arbitration agreements, this decision reflects a legal trend favoring class actions and hence increased litigation risk for companies....
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