Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
Will Ascertainability Split Finally Be Resolved?
In the context of civil class action litigation, “ascertainability” includes the identification of individuals who qualify for class membership. Although not an explicit Rule 23 requirement, since the U.S. Court of Appeals for the Third Circuit's decision in Carrera v. Bayer Corporation, 727 F.3d 300 (3d Cir. 2013), federal appeals courts have been divided over the significance and scope of the ascertainability requirement, particularly in litigation involving low-cost consumer goods as consumers may not retain receipts for such items to document proof of purchase.
Despite requests for change, the Judicial Conference Advisory Committee on Civil Rules declined to include ascertainability in its proposed changes to Rule 23. See “Proposed Amendments to the Federal Rules of Appellate, Bankruptcy, Civil, and Criminal Procedure” (Aug. 12, 2016). In addition, the U.S. Supreme Court recently rejected two petitions for certiorari earlier this year that would have addressed ascertainability. See Mullins v. Direct Digital, LLC, 136 S. Ct. 1161 (Feb. 29, 2016) and Rikos v. Procter & Gamble Co., 136 S. Ct. 1493 (Mar. 28, 2016). Food labeling cases pending before the U.S. Court of Appeals for the Ninth Circuit, however, could potentially provide the Supreme Court with another opportunity to settle the circuit split.
This premium content is locked for LJN Newsletters subscribers only
ENJOY UNLIMITED ACCESS TO THE SINGLE SOURCE OF OBJECTIVE LEGAL ANALYSIS, PRACTICAL INSIGHTS, AND NEWS IN ENTERTAINMENT LAW.
- 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 a have an account? Sign In Now Log In Now
For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473
The DOJ's Corporate Enforcement Policy: One Year Later
The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
The DOJ's New Parameters for Evaluating Corporate Compliance Programs
The parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.
Use of Deferred Prosecution Agreements In White Collar Investigations
This article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.
Bankruptcy Sales: Finding a Diamond In the Rough
There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
A Lawyer's System for Active Reading
Active reading comprises many daily tasks lawyers engage in, including highlighting, annotating, note taking, comparing and searching texts. It demands more than flipping or turning pages.