Given that Rule 23's implied “ascertainability” requirement is a fundamental tenet of class certification, courts have routinely required plaintiffs to have a “reliable” and “administratively feasible” method to establish ascertainability, one that permits a defendant to challenge the evidence put forth.
Ascertaining Potential Plaintiffs
Up until now, before a purported "purchaser" may join a class action targeting a product, the potential class member must make a showing that (s)he actually purchased the product and was potentially damaged by the alleged wrong. A recent Seventh Circuit decision, however, provides a decisive counterpoint to decisions in the Third and Eleventh Circuits.
This premium content is locked for LawJournalNewsletters subscribers only
ENJOY UNLIMITED ACCESS TO THE SINGLE SOURCE OF OBJECTIVE LEGAL ANALYSIS, PRACTICAL INSIGHTS, AND NEWS IN LawJournalNewsletters
- Stay current on the latest information, rulings, regulations, and trends
- Includes practical, must-have information on copyrights, royalties, AI, and more
- Tap into expert guidance from top entertainment lawyers and experts
Already have an account? Sign In Now
For enterprise-wide or corporate access, please contact Customer Service at [email protected] or call 1-877-256-2473.






