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Federal Rules of Civil Procedure › Ascertainable Class › Appeals

Robinson Bradshaw

Will the Supreme Court Weigh In on Ascertainability?

Robinson Bradshaw on

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

Perkins Coie

Ninth Circuit Issues Favorable Class Action Ruling for Defendants

Perkins Coie on

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

Troutman Pepper

Third Circuit Clarifies the Ascertainability Standard in Class Certification Proceedings

Troutman Pepper on

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

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