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Expert Analysis

Class Cert. Unclear With Circuit Split On Ascertainability

Law360, New York ( April 25, 2016, 11:53 AM EDT) -- The Third and Seventh Circuits sharply divided during the past year over the meaning of the "ascertainability" prerequisite to class certification. Most courts across the country have recognized an implied ascertainability requirement for class certification, in addition to the express requirements of Rule 23, that examines whether the class is objectively defined and whether class members can be identified in an administratively feasible manner....

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