Class Action Quarterly - Winter 2013, Volume 2, Issue 1

In This Issue:

- Is the Ascertainability “Requirement” Plaintiffs’ New Foe?

- Whirlpool and Butler: Liability-Only Classes in a Post-Comcast World

- Recent Cases of Note

- Excerpt from Is the Ascertainability “Requirement” Plaintiffs’ New Foe?

There has been no shortage of attention given to the Supreme Court’s Wal-Mart and Comcast opinions, which address Federal Rule of Civil Procedure 23’s commonality and predominance requirements. These groundbreaking opinions should not cause insurance company defendants to lose sight of other helpful developments in class certification jurisprudence. One such development is the recent attention the Third Circuit Court of Appeals has given the implied certification requirement of ‘ascertainability.’ In three decisions issued in 2012 and 2013, the Third Circuit has overturned trial courts’ certification of classes where it found the proposed classes could not be objectively and definitively identified...

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