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Opposing Class Cert. At 9th Circ. Just Got Tougher

Law360, New York (January 9, 2017, 12:48 PM EST) -- Michelle Gillette

Josh Thomas Foust The U.S. Court of Appeals for the Ninth Circuit rang in the new year on Jan. 3 by eliminating the ascertainability requirement to certify a class — a decision that likely will prove seminal in consumer class actions in that circuit. 

Ascertainability has been commonly understood to be a necessary prerequisite under Federal Rule of Civil Procedure 23, requiring the named plaintiff to offer an administratively feasible, or sufficiently reliable, way to identify members of the class using objective criteria. Many...
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