Federal Rules of Civil Procedure, Ascertainable Class

Will the Supreme Court Weigh In on Ascertainability?

Robinson Bradshaw on 6/3/2025

We’ve written previously about courts’ differing approaches to ascertainability — an implicit requirement under Rule 23 that class members must be identifiable. A pending petition for certiorari in Career Counseling, Inc. v....more

No, You Can’t Use Discovery to Find a New Class Representative

Williams Mullen on 4/20/2020

In a consumer class action pending in California, the Ninth Circuit recently vacated a discovery order that would have forced Williams-Sonoma - prior to class certification - to identify all of its California customers who...more

Ninth Circuit Issues Favorable Class Action Ruling for Defendants

Perkins Coie on 1/17/2020

The parties to class action litigation frequently contest whether plaintiffs are entitled to pre-certification discovery aimed at identifying additional or replacement class representatives. The U.S. Court of Appeals for the...more

The Impermissible “Fail-Safe” Class under Federal Rule of Civil Procedure 23

Jackson Lewis P.C. on 1/24/2017

The Supreme Court, in Wal-Mart Stores, Inc. v. Dukes, 131 S. Ct. 2541 (2011), set a high standard for class certification under Federal Rule of Civil Procedure 23 (“Rule 23”). Under Rule 23(a), the party seeking...more

The Ninth Circuit’s Briseno Decision Is Not As Bad As It Looks for Consumer Class Action Defendants

Kelley Drye & Warren LLP on 1/5/2017

The Ninth Circuit’s decision this week in Briseno v. ConAgra Foods, Inc., No. 15-55727, refused to engraft an “administrative feasibility” requirement to Federal Rule of Civil Procedure 23’s prerequisites for certifying a...more

Sixth Circuit Holds That Ascertainability Not a Requirement in Rule 23(B)(2) Class Actions

Benesch on 10/21/2016

On October 17, 2016, in a case of first impression, the Sixth Circuit held that ascertainability is not a requirement in Federal Rule of Civil Procedure 23(b)(2) class actions. The Sixth Circuit joined three other Circuits...more

The New New Proposed Amendments to Rule 23

McGuireWoods LLP on 10/20/2015

Last week, the Rule 23 Subcommittee released its latest draft proposal for amending Rule 23. (2015-1105 Rule 23 Subcommittee Report) - The Subcommittee has abandoned (or in a few cases, placed “on hold”) several of its...more

Third Circuit Clarifies the Ascertainability Standard in Class Certification Proceedings

Troutman Pepper on 4/22/2015

In a precedential opinion issued on April 16, 2015, the Third Circuit sought to clarify its requirement that a proposed class be sufficiently ascertainable in order to be certified under Fed. R. Civ. P. 23(b)(3). Expressing...more

Third Circuit Clarifies Its Ascertainability Standard

Robinson & Cole LLP on 4/21/2015

Ascertainability is an implied requirement for class certification, not expressly addressed in Fed. R. Civ. P. 23. While there are different formulations of the requirement, in essence it requires that there be an adequate...more

Ninth Circuit Finds Self-Identification By Class Members Does Not Satisfy Ascertainability Under Rule 23

Carlton Fields on 8/8/2014

The Ninth Circuit Court of Appeals recently affirmed a district court’s denial of class certification where a plaintiff failed to propose a plan to ascertain class members and therefore did not satisfy the manageability...more

Federal Rules of Civil Procedure › Ascertainable Class

"My best business intelligence, in one easy email…"