Sometimes it’s hard to know who’s in a class without substantial individualized inquiries. Can a court certify a class of persons with allegedly similar injuries by pigeonholing the question of class membership as a question of damages to be determined later? Not so fast, the Fourth Circuit held in EQT Production Co. v. Adair (pdf). A class that is not ascertainable ex ante is not a class at all.
And the Fourth Circuit also decided another question that has led to different answers from different courts. When the rule of law proposed by plaintiffs would permit a controlling question to
Continue Reading Fourth Circuit puts teeth into ascertainability, commonality, and predominance requirements for class certification