In Pennsylvania federal court, a recent spate of decisions on whether class actions could move forward have hinged on the factor of ascertainability, which at a minimum requires a showing that prospective class members are readily identifiable.
However, the U.S. Court of Appeals for the Third Circuit’s stance on ascertainability has been a particularly contentious point in class actions. Defense lawyers see it as a tool for paring down vague classes in order to preserve defendants’ rights while those in the plaintiffs’ camp argue that it’s a tool used by the court and defendants to cut down on low-dollar consumer class actions.
