Class Action Chronicle - Winter 2013

Skadden, Arps, Slate, Meagher & Flom LLP
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"In This Issue:

- Courts Weighs in on Ascertainability

- CLASS CERTIFICATION DECISIONS:

..Decision Granting Motion to Strike

..Decisions Denying Motions to Strike

..Decisions Rejecting/Denying Class Certification

..Decisions Permitting/Granting Class Certification

..Decisions Granting Decertification of Classes

..Decision Denying Decertification of Class

- CLASS ACTION FAIRNESS ACT (CAFA) DECISIONS:

..Decisions Denying Motions to Remand/Reversing Remand Orders

..Decisions Granting Motion to Remand

..Other Rulings — Courts Finding No CAFA Jurisdiction

- Excerpt from Courts Weigh in on Ascertainability:

Class action defendants have long argued that “ascertainability” is an implicit prerequisite to class certification that requires the proponent of certification to prove that membership in the putative class can be easily determined using objective criteria. In recent years, a number of courts have agreed, finding that the ascertainability requirement is critical to ensure manageability and fairness in class action proceedings. Nevertheless, the struggle to define this requirement is still in its early stages, and courts across the country are debating the showing necessary to satisfy it...

Please see full publication below for more information.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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