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FRCP 23(b)(3) Bayer

K&L Gates LLP

Grasping for a Hold on “Ascertainability”: The Implicit Requirement for Class Certification and its Evolving Application

K&L Gates LLP on

The concept of “ascertainability” serves as an important arrow in the quiver of a defendant seeking to prevent certification of a putative class action in federal court. Recently, the issue of what a plaintiff must...more

Pierce Atwood LLP

Splitting the Difference: Recent Developments in Circuit Splits Over Class Action Lawsuits

Pierce Atwood LLP on

It has been a busy summer for federal appellate courts deciding class action issues. Amidst all the sound and fury, this summer's decisions so far highlight two splits among the federal circuits, while also diminishing if...more

Carlton Fields

Seventh Circuit Applies “Weak” Ascertainability Requirement, Splits From Third and Eleventh Circuits

Carlton Fields on

A panel from the Seventh Circuit split from the Third and Eleventh Circuits and rejected what it described to be a “heightened” ascertainability requirement under Rule 23(b)(3). In Mullins v. Direct Digital, LLC, plaintiff...more

Carlton Fields

Rice Capades: Court Certifies a Class of Lead Lawyers Against Defendant Law Firms Who Allegedly Used the Class’s Work Product in...

Carlton Fields on

The Eastern District of Missouri certified an unusual class of lawyers and their clients who undertook a collective effort to litigate claims against Bayer related to the purported “contamination” of the U.S. rice supply by...more

Pierce Atwood LLP

Mulling Mullins

Pierce Atwood LLP on

The 7th Circuit's July 28th decision in Mullins v. Direct Digital, LLC has already created quite a stir. Plaintiffs' lawyers are citing it as the antidote to the 3rd Circuit's recent line of cases on the implied requirement...more

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