Although the class-action device has been prevalent in the federal courts for decades, there has been a recent surge in case law developing around the requirements for class certification. One of the elements receiving new attention is the requirement of “ascertainability”—essentially, the feasibility and reliability of identifying the potential class members.

The Third Circuit’s recent decision not to reconsider en bancits ruling in Carrera v. Bayer, 727 F.3d 300 (3d Cir. Aug. 21, 2013), has further clarified and significantly strengthened the standard of “ascertainability” necessary for a class action to be certified. The decision has the potential to curtail consumer class-action litigation of dubious value, at least in the Third Circuit, and also underscores the importance of expanded access to interlocutory appeal of class certification decisions.

This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.

To view this content, please continue to their sites.

Not a Lexis Subscriber?
Subscribe Now

Not a Bloomberg Law Subscriber?
Subscribe Now

Why am I seeing this?

LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.

For questions call 1-877-256-2472 or contact us at [email protected]