Third Circuit Courts Highlight Continued Hurdles with Ascertainability and Predominance in Consumer Class Actions

As consumers continue to file class actions around the country, it is important for practitioners to analyze how federal courts have interpreted the requirements for class certification. Specifically, for defense attorneys, it is helpful to understand the nuanced arguments that have been successful at the class-certification stage. Familiarity with these arguments at the outset of a case will enable defense practitioners to develop a strong factual record during discovery to support these ordinarily successful arguments.