Challenges to ascertainability have become noticeably more popular over the last few years. As a result, defendants will sometimes challenge the class definition even though there are deeper problems with the class. As a recent case shows, however, it is usually worth probing deeper than the definition in one’s arguments.
Steimel v. Minott, No. 1:13-cv-957-JMS-MJD, 2014 U.S. Dist. LEXIS 38228 (S.D. Ind. Mar. 24, 2014) offers some object lessons in what ascertainability problems can really mean. In Steimel, the plaintiffs sued the Secretary of the Indiana Family and Social Services Administration after a change in policy (transferring developmentally … Continue Reading