The Tenth Circuit recently affirmed an order denying class certification, in an unpublished decision holding that district courts may rely on out-of-circuit precedent in deciding whether a proposed class is ascertainable.

Isaac Chaput
Isaac Chaput is a commercial litigator who handles complex civil disputes including class action cases, arbitrations, and investigations. They have experience in trademark, trade secret, patent, antitrust, False Claims Act, breach of contract, and other commercial matters.
Isaac works with clients across a range of industries including technology, consumer products, pharmaceuticals, and payments, using their substantive experience in all stages of litigation, including trial and appeals in both federal and state court. In addition, Isaac maintains an active pro bono practice, including representing a leading national organization dedicated to reducing gun violence.
Earlier in their career, Isaac was the Legal Intern to Nina Totenberg at NPR, assisting Ms. Totenberg in her reporting on the Supreme Court of the United States.
Ninth Circuit Confirms State-Law Pre-Suit Notice Requirements Apply to Putative Class Representatives
A recent Ninth Circuit decision highlights the importance of considering whether a plaintiff’s failure to comply with a state-law pre-suit notice requirement can be used to quickly defeat a class action. The court rejected plaintiff’s argument that such pre-suit notice rules do not apply to putative class actions.…