Ascertainable Class

News & Analysis as of

Week in Review: Ascertainability under Rule 23(b)(2) and a Dose of Spokeo

This week we consider the Sixth Circuit’s take on how Rule 23’s ascertainability requirement overlaps with the different pathways to certification under Rule 23(b), as well as some post-Spokeo dismissals of putative class...more

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

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

Illinois District Court Denies Motion to Certify TCPA Class Action

In the consolidated cases Espejo v. Santander Consumer USA Inc., No. 11 C 8987, 2016 WL 6037625 (N.D. Ill. Oct. 14, 2016) and Levins v. Santander Consumer USA Inc., No. 12 C 9431, 2016 WL 6037 (N.D. Ill. Oct. 14, 2016), the...more

Week in Review: Lots of Action in “Natural” Product-Labeling Class Litigation

This week we take a look at a couple major recent decisions in product-labeling class actions, as well as a close call the Supreme Court will not be deciding this term. Ninth Circuit Rejects Class Counsel’s Damages...more

District Court Adopts “Weak” Test of Ascertainability, Certifies Class of Corn Producers in Suit Against Syngenta over...

A District Court in Kansas added to an increasing debate in the federal courts over class ascertainability when it certified a class of 440,000 U.S. corn producers in a suit against Swiss global agribusiness Syngenta AG...more

UnitedHealth Plan Holders Win Class Certification in ERISA Lawsuit

The District Court for the Northern District of California recently granted certain members of UnitedHealth health plans class certification in their suit alleging improper denial of benefits. Plaintiffs in the putative...more

Dietary Supplements and Class Actions: Getting Schooled in California

Three cases pending in the Ninth Circuit Court of Appeals may help resolve splits in the district courts over (1) defining an appropriate class of plaintiffs ("ascertainability") and (2) the propriety of awarding class-wide...more

"The Class Action Chronicle - Summer 2016"

This is the 12th edition of The Class Action Chronicle, a quarterly publication that provides an analysis of recent class action trends, along with a summary of class certification and Class Action Fairness Act rulings issued...more

U.S. Court of Appeals to Consider Class-Certification Ruling in Petrobras Securities Litigation

The U.S. Court of Appeals for the Second Circuit has allowed the defendants in the Petrobras securities litigation to pursue an immediate appeal from the District Court’s order certifying classes of investors who had...more

The Supreme Court Hates Your No-Damage Class Action: Spokeo Decision Likely to End Big-Dollar TCPA Class Actions

The world changed on May 16, 2016. Many sorts of predatory consumer class actions—you know the kind where the lawyers make millions and the consumers receive nickles?—likely just met their demise. And with the recent passing...more

The Eighth Circuit Weighs in on Ascertainability

Last week, the Eighth Circuit weighed in on a hot and unsettled topic: the ascertainability standard for class certification. In Sandusky Wellness Center, LLC v. Medtox Scientific, Inc., No. 15-1317, 2016 U.S. App. LEXIS 7992...more

The Class Action Chronicle - Spring 2016

This is the 11th edition of The Class Action Chronicle, a quarterly publication that provides an analysis of recent class action trends, along with a summary of class certification and Class Action Fairness Act rulings issued...more

Class Action Roundup: Winter 2016

Where the (Class) Action Is - This issue of Roundup wraps up 2015 with another slate of interesting cases spanning industries and subject matter. The running theme of ascertainability is now stretching into antitrust...more

Circuits Clash Over Ascertainability Standard

The Third and Seventh circuits have reached a sharp divide during the past year over the meaning of the implied “ascertainability” prerequisite to class certification. The Third Circuit affirmed a narrow version of...more

Global Corporate and Transactional Highlights - March 2016

The 2016 Global Corporate and Transactional Highlights Brochure showcases various deals from across our five-continent platform over the past year. In the ninth year of this annual distribution of deal highlights, the...more

Court Denies Class Cert. in NCAA Antitrust Suit

The NCAA scored a victory last week with the denial of class certification in an antitrust suit challenging the association’s former ban on multiyear scholarships (the “One Year Rule”) and its cap on scholarships (the “GIA...more

Supreme Court Won’t Resolve Multi-Circuit Split on Ascertainability Requirement

On February 29, the U.S. Supreme Court denied certiorari review in Mullins v. Direct Digital, LLC, No. 15-1776, an ascertainability case we previously covered when it was decided in the Seventh Circuit. In Mullins, a panel of...more

Supreme Court Denies Certiorari in Closely Watched Consumer Class Action Case

In its first conference since the death of Justice Antonin Scalia, the U.S. Supreme Court declined to hear an important Seventh Circuit case that emphatically rejected a ''heightened'' standard for ascertaining class members...more

BakerHostetler 2015 Year-End Review of Class Actions

The BakerHostetler 2015 Class Action Year-End Review offers a summary of some of the key developments in class-action litigation during the past year. The 2015 Year-End Review is a joint project of the firm’s Class Action...more

2015 Food Industry Decisions With Bite

Food for Thought is a review of significant court decisions affecting the food, beverage, dietary supplements and personal care products industry. Although many cases in this edition focus on class certification, others...more

Ninth Circuit Affirms Denial of TCPA Class Due To “Significant Uncommon Questions” And Ascertainability Issues

Gannon v. Network Telephone Services, Inc., No. 13-56813 (9th Cir. Jan. 12, 2016) In a 3 paragraph unpublished opinion, the U.S. Court of Appeals for the Ninth Circuit affirmed the trial court’s denial of plaintiff’s...more

Loan Modification Differences Continue to Preclude Class Certification

Last month, the United States District Court for the Eastern District of California issued the latest in a string of decisions denying class certification in cases of alleged misconduct regarding residential mortgage loan...more

U.S. Court Certifies Classes in Petrobras Securities Litigation

The United States District Court for the Southern District of New York yesterday certified two classes of investors who had purchased Petrobras securities on U.S. exchanges or in other U.S. transactions. The February 2, 2016...more

Limits of Ascertainability Reached in Class Allegations Against Equifax

Plaintiff, hoping to recover from Equifax for issuing a credit report with “incorrect and damaging information,” sought to represent a class of “all persons who disputed an Equifax credit report and where Equifax failed to...more

Ninth Circuit Affirms Denial of TCPA Class Cert. On Predominance/Ascertainability Grounds

On January 12, 2016, the Ninth Circuit affirmed the denial of class cert. in a Telephone Consumer Protection Act (TCPA), 47 USC 227 action on  predominance and superiority grounds in the case Paul Gannon v. Network Telephone...more

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