By Stephanie Stroup Since the Third Circuit’s opinion in Carrera v. Bayer Corp. [ enhanced opinion available to lexis subscribers ], courts have been battling with the approach to consumer classes for small-ticket items because consumers often do...
By E. Colin Thompson
Critics of the controversial ascertainability requirement for class certification that the Third Circuit has been applying since 2012 are rejoicing after a recent Seventh Circuit Court of Appeals decision that flatly rejects the...
By Burt M. Rublin and Joel E. Tasca
Consistent with its recent emphasis on the stringency of class certification requirements in consumer cases, the Third Circuit recently affirmed the denial of class certification in a consumer case involving alleged...
By E. Colin Thompson |
A panel of the Eleventh Circuit Court of Appeals, in an unpublished opinion, has issued a much-anticipated decision regarding the implicit ascertainability requirement for class certification.
The court held that a plaintiff...