Perspective
Oct. 22, 2016
Who's in the 'ascertainable' putative class?
For a time, it seemed that 9th Circuit might make the circuit split on ascertainability so stark that the U.S. Supreme Court would take up the issue. Now it appears we are no closer to a meaningful definition. By Rick L. Shackelford, David Sellinger and Aaron Van Nostrand
"Ascertainability" involves identifying individuals who qualify for membership in a putative class action in federal courts. Courts generally have agreed that ascertainability is an implicit requirement of Federal Rule of Civil Procedure 23, but have differed over what ascertainability means and how to show that it has been met. These differences have become sharper since the 3rd U...
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