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Category Archives: Numerosity

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Third Circuit Rulings Give Teeth to Ascertainability Requirement for Class Certification

Posted in Ascertainability, Class Certification, Numerosity, Superiority

The “ascertainability” requirement for class certification is a crucial safeguard for both defendants and absent class members. There is some debate about its origin: some courts have held that it is implicit in Rule 23 that class members must be readily identifiable; others find ascertainability to be rooted in Rule 23(a)(1)’s numerosity mandate or Rule… Continue Reading

Class Action Plaintiffs Can’t Have It Both Ways When Opposing Motions to Compel Arbitration

Posted in Arbitration, Class Certification, Motions Practice, Numerosity, Predominance, Typicality

In litigation—as in war—it is natural to focus on winning today’s skirmish and to defer planning for battles that might not happen for weeks or months.  But that shortsightedness can lead to strategic blunders—as one class action plaintiff suing Capital One Bank and credit counseling agency InCharge Debt Solutions recently learned the hard way. In King… Continue Reading