The Enhanced Scrutiny of Class Definitions Under the Ascertainability Requirement: An Additional Hurdle for Plaintiffs or an Increased Burden for Defendants?

The Alert discusses recent appellate authority on class certification. As the Alert explains, courts are taking a closer look at whether class members can be identified from the class definition the plaintiff proposes and from the records available to the parties.

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This Alert was republished by AIG in the Fall 2013 edition of Legal Insights.