Ascertainability Sinks Comcast Class Settlement
While ascertainability is often hard-fought in class certification motions, it’s unusual for a class action settlement to crater on ascertainability. But that’s exactly what happened to a Comcast settlement in federal court in Philadelphia earlier this month. When Judge Anita Brody learned that Comcast had… Read More
Ascertainability in Flux: Who’s in and who’s out
A recent decision by the Seventh Circuit Court of Appeals signals a growing divide among the circuits over the “ascertainability” question in class actions. In Mullins v. Direct Digital, LLC, No. 15-1776, — F.3d —, 2015 WL 4546159, at *1 (7th Cir. July 28, 2015),… Read More
Third Circuit Clarifies Its Ascertainability Requirement: A Two-Part Inquiry—But Only a Two-Part Inquiry
The Third Circuit’s recent decision in Byrd v. Aaron’s Inc., No. 14-3050, 2015 WL 1727613 (3d Cir. Apr. 16, 2015), reversed a district court’s denial of class certification because the lower court incorrectly applied the ascertainability requirement to plaintiffs’ proposed Rule 23(b)(3) classes. The appellate… Read More