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Plot Thickens on Class Member Test Awaiting SCOTUS Eye

July 13, 2017, 6:31 PM

Two federal appeals courts may have muddied the waters on the test for class action membership even further—just in time for the U.S. Supreme Court to decide whether to take up the issue.

Or, it turns out, maybe not. It depends on who you ask.

The Supreme Court is currently weighing Conagra Brands Inc.'s petition to review a decision by the U.S. Court of Appeals for the Ninth Circuit that rejected the Third Circuit’s “heightened” ascertainability standard.

In the Third Circuit, plaintiffs must show an “administratively feasible” way to identify class members as a prerequisite to class certification. Whether it...

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