2017 was an unusually eventful year for lawyers who track the ascertainability requirement, which had, for the last five or so years, become a staple argument for class action defendants. Here are the top issues that class action litigators had to contend with.
Circuit split on administrative feasibility.
This year, both the Second and the Ninth Circuits have held that administrative feasibility is not required to show ascertainability. The Ninth Circuit may have gone even further: some of the language it used suggests that it may not view ascertainability a requirement at all for certifying a class. (It had … Continue Reading