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7th Circuit Rejects Heightened Ascertainability Requirement in Consumer Class Actions Signaled in Carrera v. Bayer Corp. (3d Cir. 2013)

Colin E. Flora | Jul 31st, 2015

In a major decision, the Seventh Circuit rejected the heightened ascertainability requirement for class certification that has been recently adopted in the Third Circuit. As a result, the Seventh Circuit not only rejected adoption of the Third Circuit’s interpretation, but also dissected and found lacking each of the proffered underlying policies. Thus, the Seventh Circuit still recognizes the utility of affidavits in identifying class members. Perhaps the best line: “When it comes to protecting the interests of absent class members, courts should not let the perfect become the enemy of the good.”

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