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Charles B. Casper is chair of the Class Action Defense practice of Montgomery McCracken. Chuck is a partner in the Litigation Department and a member of the firm’s management committee. His practice emphasizes the defense of consumer and antitrust class actions, computer software and hardware litigation, complex commercial litigation and environmental litigation matters including environmental insurance coverage.
Nov 30

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

Aug 12

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

Apr 29

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