Supreme Court Refuses to Review Ninth Circuit’s Lack of Ascertainability Requirement for Class Actions

Supreme Court Refuses to Review Ninth Circuit’s Lack of Ascertainability Requirement for Class Actions

The U.S. Supreme Court declined to hear an appeal brought by Conagra Brands, Inc. challenging the Ninth Circuit's view that Rule 23 does not require plaintiffs to establish an administratively feasible way to identify members of a putative class in order to have a class certified.  The ruling makes it likely that the Ninth Circuit -- and, in particular, the U.S. District Court for the Northern District of California -- will continue to be plaintiffs' forum of choice in food and consumer goods litigation. [10/11/17]

Search