The Tenth Circuit recently affirmed an order denying class certification, in an unpublished decision holding that district courts may rely on out-of-circuit precedent in deciding whether a proposed class is ascertainable.Continue Reading Tenth Circuit Permits District Courts to Rely on Third and Seventh Circuit Ascertainability Precedent
Numerosity
Third Circuit Refuses to Accept Inferences to Support Findings of Numerosity and Commonality
By Amy Heath & Sonya Winner on
The Third Circuit’s recent decision in Allen v. Ollie’s Bargain Outlet, Inc., — F.4th —-, 2022 WL 2284654 (3d Cir. 2022), gave close scrutiny to two elements of the class certification inquiry – numerosity and commonality – that are often deemed satisfied with little analysis, and rejected the district court’s reliance on inferences drawn from limited evidence. Continue Reading Third Circuit Refuses to Accept Inferences to Support Findings of Numerosity and Commonality