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Apache Corp. Wants High Court to Resolve Ascertainability Split

Oct. 21, 2019, 8:51 PM

Apache Corp. wants the U.S. Supreme Court to weigh in on whether plaintiffs must provide an efficient method for identifying absent class members to win class certification.

The Third, Fourth, and Eleventh Circuits say they do; the Sixth, Seventh, Ninth, and Second Circuits say they don’t, Apache argues.

The Tenth Circuit declined to review class certification in this case, which arises from oil and gas lease royalty payments, effectively joining the courts with a laxer ascertainability requirement, the company says.

Ascertainability isn’t explicitly a part of the Federal Rule of Civil Procedure 23(b)(3) requirements for class certification. But some courts...

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