Bigstock Ascertainability Requirement for Class Certification Is Alive and Well in Third Circuit
While some commentators have suggested the recent Third Circuit decision in 'Hargrove v. Sleepy's' has walked back the standard, 'Hargrove' and recent District of New Jersey decisions are a reminder that the ascertainability requirement is alive and well.
December 11, 2020 at 10:00 AM
9 minute read
Ascertainability has been, and will likely continue to be, an important requirement for class certification in the Third Circuit. Over the past decade, almost every circuit has, in one way or another, weighed in on the ascertainability debate. The Third Circuit led the way in defining a "heightened" ascertainability standard in the trilogy of decisions: Marcus v. BMW of North America, 687 F.3d 583 (3d Cir. 2012); Hayes v. Wal-Mart Stores, 725 F.3d 349 (3d Cir. 2013); and Carrera v. Bayer Corp., 727 F.3d 300 (3d Cir. 2013).
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