Jacqueline Matthews Examines Circuit Split over "Ascertainability" in Class Actions

News / April 27, 2016

Associate Jacqueline Matthews authored an article published by Law360 on April 25, 2016. The article, “Class Cert. Unclear with Circuit Split on Ascertainability,” originated as a post on the firm’s Class Action Lawsuit Defense blog. Matthews writes about the divide between the Third and Seventh Circuits over the meaning of the “ascertainability” prerequisite to class certification. She notes that the circuits disagree as to whether plaintiffs must propose an administratively feasible method for identifying class members at the class certification stage, and concludes:

[A]t least for the foreseeable future, class action defendants’ ability to rely on the ascertainability standard to avoid class certification will depend on the circuit in which they find themselves.

Read the article (registration required).

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