• Two Recent Opinions Reflect Important Developments in Heightened Ascertainability for Class Certification
  • October 8, 2015 | Authors: Aaron J. Fickes; Ira Neil Richards
  • Law Firms: Schnader Harrison Segal & Lewis LLP - Washington Office ; Schnader Harrison Segal & Lewis LLP - Philadelphia Office
  • “Ascertainability”—that is, whether class members can be ascertained with administrative efficiency—continues to develop as a significant issue in class certification. Two recent opinions, Brecher v. Republic of Argentina, No. 14-4385, 2015 U.S. App. LEXIS 16493 (2d Cir. Sept. 16, 2015), in which the Second Circuit adopted ascertainability as a separate class-certification requirement, and In re Processed Egg Products Antitrust Litigation, No. 08-md-2002, 2015 U.S. Dist. LEXIS 124799 (E.D. Pa. Sept. 18, 2015), in which the court applied what has been called “heightened ascertainability” within the Third Circuit, demonstrate how the developing law on ascertainability can impact a class certification outcome.