Skip to Content

Category: Ascertainability

May 27, 2022 Andrew Parks Carter Scott Hazelgrove
Posted in  Ascertainability Case Updates Class Action Basics

A Review of Fourth Circuit Class-Action Opinions of the Past Year

As the calendar approaches the middle of the year, it is a good time to review the Fourth Circuit’s recent class-action decisions—and there have been a number of them. These opinions offer guidance on five key topics in class-action litigation, including numerosity, ascertainability, commonality, the rights and burdens of objectors, […]

Read More
February 17, 2022 Jeffrey Steven McConnell Warren
Posted in  Ascertainability Class Action Basics

A Pandemic of Litigation: Prisons and COVID-19 Class Actions

Much like COVID-19 itself, a pandemic of class-action litigation has spread across this nation between two age-old foes: prisons, and their prisoners. Unlike most of the litigation arising from COVID-19 across the country, prisoners are taking a unique legal position: the failure of the government to take precautions against COVID-19 […]

Read More
July 23, 2021
Posted in  Ascertainability

Eleventh Circuit Rules Administrative Feasibility is Not Required for Class Certification but Remains a Factor in Class Manageability Analysis

In Cherry v. Dometic Corp., 986 F.3d 1296 (11th Cir. Feb. 2, 2021), the Eleventh Circuit furthered the divide among the circuits as to whether putative class representatives must prove the existence of an administratively feasible method to identify absent class members as a precondition for class certification. Ultimately, the […]

Read More
September 29, 2020
Posted in  Ascertainability

In Blow to Gig Economy, Third Circuit Rules Shoddy Records are No Bar to Class Certification

Gig economy companies increasingly face class action lawsuits brought by their workers. Uber, Lyft, Instacart, Doordash, and Amazon, to name a few, have confronted multiple lawsuits alleging the companies misclassified employees as independent contractors. While the merits of these claims are vigorously debated in the courtroom, legislature, and public arena, […]

Read More