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California Supreme Court Poised to Provide Guidance on Ascertainability in Class Actions

On May 8, 2019, the California Supreme Court will hear oral argument regarding an important issue involving class certification in California state courts: how to apply the requirement of ascertainability in the class...more

Ninth Circuit Rejects Implied "Ascertainability" Requirement for Class Certification

Deepening an already-existing circuit split, the Ninth Circuit has held that class certification is appropriate even if plaintiff has not shown that identifying class members is "administratively feasible." Expressly...more

Supreme Court Allows Use of Statistical Sampling in Class Actions, But Only In Narrow Circumstances

The U.S. Supreme Court has held that statistical sampling may be proper in some contexts in its long-awaited decision in Tyson Foods, Inc. v. Bouaphakeo. The case involves the use of statistical sampling by plaintiffs in...more

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