Publications & Presentations
Bloomberg Law, Big Law Business
January 2018
There is a sharp split among the federal circuit courts of appeal as to whether class plaintiffs must prove ascertainability and what ascertainability itself entails at the class certification stage, attorneys Frank Spano and Caitlin Morgan say. The authors review a recent decision in the Second Circuit that is of particular importance in class actions where it may be difficult to identify class members because they have no proof of purchase, or where they have to rely on their memories to determine whether they are affected by the product or service at issue.

Click here to view the article.