On June 5, 2024, WLF filed an amicus brief urging the Tenth Circuit to join the First, Third, and Fourth Circuits in adopting a robust ascertainability standard. Plaintiffs argue that they need not have an administratively feasible way to identify all class members before a merits trial. As WLF’s brief explains, the Supreme Court has made clear that all of Rule 23’s requirements must be satisfied at the class-certification stage; this includes the ascertainability requirement. The brief also describes how a robust ascertainability requirement protects the due-process rights of both plaintiffs and defendants. It ensures absent class members can opt out of a class action and pursue their individual claims separately from the class while ensuring that defendants know that a merits victory will preclude future claims by absent class members.


WLF amicus brief