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Daily Archives: November 28, 2022

consumer

In Kelly, Third Circuit Clarifies Its Class Action Standing and Ascertainability Analyses

The past year or so has been challenging for consumer attorneys seeking to bring consumer class actions in the Third Circuit. For a while now, the Third Circuit’s jurisprudence concerning the ascertainability prong of Federal Rule of Civil Procedure 23 has required a plaintiff to identify a “reliable and administratively feasible mechanism for determining whether

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