Jurisdiction: Third Circuit

Kelly v. RealPage Inc.: The Third Circuit Lowers the “Heightened Standard” for Ascertainability

Rule 23 does not explicitly require that a court be able to determine who the members are before certifying a class. But judges have found implicit in the Rule a requirement that membership in a defined class be “ascertainable” or “definite.” For example, a court cannot address the numerosity requirement or provide effective relief to […]