Throwing its weight on one side of a widening circuit split, the U.S. Court of Appeals for the Ninth Circuit on Tuesday refused to adopt stricter standards for class certification in cases where there is no readily apparent way to identify class members.
The case, which involved the labels on Wesson cooking oils, addressed the question of ascertainability, a term coined by the class action bar, which has received increased attention as more cases get filed over cheap goods.
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