The Ninth Circuit may have gone even further: some of the language it used suggests that it may not
view ascertainability a requirement at all for certifying a class.
This year, both the Second and the Ninth Circuits have held that administrative feasibility is not required to
show ascertainability.
Fair enough, and no problem: a film image is a film image is a film image, and dreams are a law and logic unto themselves — including, here,
the ascertainability of just which Harford is dreaming when.
Buffalo commercial litigation partner Vivian Quinn and associate Tracey Scarpello co-authored this piece about how the federal appeals court has been divided over the significance and scope of
the ascertainability requirement in litigation involving low - cost consumer goods.
Buffalo Commercial Litigation partner Vivian Quinn and Buffalo Commercial Litigation associate Tracey Scarpello authored this column «
ascertainability» developments to watch as the issue in all likelihood winds its way to the United States Supreme Court.