High Time for the Supreme Court to Review Ascertainability in Class Actions

Authors Anthony Vale, Yvonne McKenzie, and Mary Margaret Spence (Pepper Hamilton LLP) argue that a current split in the circuits presents the U.S. Supreme Court with an opportunity to rule on ascertainability in consumer class actions. Their analysis concludes that defendants’ due process rights require that class actions should not be certified unless actual class members who suffered harm can be identified.