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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.

28 minute read November 30, 2015 at 11:00 PM
By
Vivian Quinn and Tracey Ehlers
Ascertaining Potential Plaintiffs

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.

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