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Debt Collection Ascertainable Class

Faegre Drinker Biddle & Reath LLP

Court Denies Atypical Plaintiff’s Motion to Certify Unascertainable Fail-Safe Class

The Middle District of Florida has denied a motion for class certification, finding the proposed class definition would have created a fail-safe class, the class members were not ascertainable, and the plaintiff’s claims were...more

Carlton Fields

Real Property, Financial Services, & Title Insurance Update: Week Ending March 8, 2019

Carlton Fields on

Real Property Update - Lis Pendens: trial court erred by not discharging lis pendens concerning real property because defendant did not grant an interest in the property, and plaintiff's claims did not allege requisite fair...more

Carlton Fields

Third Circuit Ascertainability Requirement Satisfied In FDCPA Class Against Law Firm

Carlton Fields on

Our prior blogs have discussed the Third Circuit’s “rigorous” ascertainability requirement for 23(b)(3) classes. We have also explored how district courts in the Circuit, such as the Eastern District of Pennsylvania, have...more

Carlton Fields

Lease-Termination Fee Class Fails Third Circuit Ascertainability Requirement

Carlton Fields on

Using the Third Circuit’s comparatively robust ascertainability standard, the United States District Court for the Eastern District of Pennsylvania recently denied certification of a class of tenants allegedly charged an...more

Carlton Fields

Ascertainability Issues Preclude Certification of a Class of Individuals Alleging Violations of the Fair Debt Collection Practices...

Carlton Fields on

The U.S. District Court for the Western District of Michigan denied plaintiffs’ motion for class certification citing plaintiffs’ failure to satisfy Rule 23’s ascertainability, commonality, typicality, and predominance...more

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