Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Series

Articles

Litigation

2018

Institutional competency

Articles 1 - 1 of 1

Full-Text Articles in Law

Ascertainability: Prose, Policy, And Process, Rhonda Wasserman Jan 2018

Ascertainability: Prose, Policy, And Process, Rhonda Wasserman

Articles

One of the most hotly contested issues in class action practice today is ascertainability – when and how the identities of individual class members must be ascertained. The courts of appeals are split on the issue, with courts in different circuits imposing dramatically different burdens on putative class representatives. Courts adopting a strict approach require the class representative to prove that there is an administratively feasible means of determining whether class members are part of the class. This burden may be insurmountable in consumer class actions because people tend not to save receipts for purchases of low-cost consumer goods, like soft ...