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Class Certification Appeals Ascertainable Class

Mintz

District Court Denies Class Cert in TCPA Suit on Ascertainability Grounds

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In a win for Defendant IQVIA, Inc., accused of allegedly sending faxes in violation of the Telephone Consumer Protection Act (TCPA), the United States District Court for the Eastern District of Pennsylvania denied Plaintiff...more

Skadden, Arps, Slate, Meagher & Flom LLP

The Class Action Chronicle - August 2023

Post-TransUnion, A Closer Examination of Threshold for Article III Standing- Class action trials are rare. The potential magnitude of an adverse verdict, even when improbable, makes the risks of trial unpalatable for...more

Perkins Coie

Ninth Circuit Issues Favorable Class Action Ruling for Defendants

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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

Foley & Lardner LLP

Courts Solidify Reach of China Agritech

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Circuit courts of appeal are solidifying the reach of the Supreme Court’s June 2018 decision in China Agritech v. Resh and curtailing the availability of equitable tolling in class contexts. The Supreme Court’s decision in...more

Foley & Lardner LLP

Taking the Pulse of Ascertainability in the Ninth Circuit after Briseno v. ConAgra Foods, Inc.

Foley & Lardner LLP on

Most federal courts have found that Rule 23 of the Federal Rules of Civil Procedure implicitly requires a showing that members of a proposed class are readily identifiable or “ascertainable” for a class to be certified. For...more

Eversheds Sutherland (US) LLP

File Not Found: Lack of Fax or Call Logs Doom Class Ascertainability in TCPA Cases

What is seemingly a growing divide between circuits has developed on the appropriate standard for assessing ascertainability in federal class actions, including Telephone Consumer Protection Act (TCPA) class actions....more

Foley & Lardner LLP

Class Action Reform and the “Fairness in Class Action Act”

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While the Congressional legislative agenda has taken a back seat in the headlines lately, the fact remains that there still is an agenda, and it includes class action reform....more

Skadden, Arps, Slate, Meagher & Flom LLP

"The Class Action Chronicle - Spring 2017"

This is the 15th edition of The Class Action Chronicle, a quarterly publication that provides an analysis of class action trends, along with a summary of recent class certification and Class Action Fairness Act rulings. Our...more

Perkins Coie

Aftermath of Briseno Decision Holding No “Administrative Feasibility” Required for Class Certification

Perkins Coie on

The U.S. Court of Appeals for the Ninth Circuit handed down its (by now) hotly discussed decision in Briseno v. ConAgra Foods, Inc., 844 F.3d 1121 (9th Cir. 2017), on January 3, 2017, holding there is no separate...more

Pillsbury Winthrop Shaw Pittman LLP

Ninth Circuit Lowers Hurdle for Class Certification

On January 3, 2017, the Ninth Circuit Court of Appeals declined to adopt “administrative feasibility” as an independent requirement for class certification. It held that Rule 23 does not require class counsel to show at the...more

Skadden, Arps, Slate, Meagher & Flom LLP

The Class Action Chronicle - Fall 2015

This is the ninth 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...more

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

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

Benesch

Denial of Class Certification In Computer Spyware Suit Vacated By Third Circuit

Benesch on

On April 16, 2015, the United States Court of Appeals for the Third Circuit vacated a district court’s order denying class certification of a computer spyware suit against Aaron’s Inc., concluding that district court had...more

Carlton Fields

Third Circuit: Strict Ascertainability Optional for Rule 23(B)(2) Class

Carlton Fields on

Although not explicitly set forth in Rule 23, an essential prerequisite of any action under Rule 23 is that there must be an identifiable “class” at the moment of certification. The shorthand term commonly used to refer to...more

K&L Gates LLP

Lessons Learned from the Fourth Circuit’s Decision to Vacate Class Certification in Coalbed Methane Royalty Underpayment Cases

K&L Gates LLP on

As oil and gas production continues to increase domestically, the possibility for class action exposure is an increasing concern. The United States Court of Appeals for the Fourth Circuit recently issued its decision in EQT...more

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