On April 24, 2023, the Third Circuit upheld a federal trial court’s refusal to certify a class for which no administratively feasible way existed to identify class members. The ruling was a victory for WLF, which filed an amicus brief with the court urging affirmance. WLF emphasized that the Third Circuit’s robust ascertainability standard serves several vital interests. First, it eliminates heavy administrative burdens that are inconsistent with the efficiencies that Rule 23 requires in class actions. Second, it protects the opt-out rights of absent class members who have an interest in not having future claims diluted. And third, it safeguards defendants’ interests in paying only legitimate claims and ensuring that persons bound by a final judgment are clearly identifiable.
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