“The Third Circuit recently reaffirmed its prior pronouncement that an ‘essential prerequisite’ to class certification is a showing by a preponderance of the evidence that the class is ascertainable in a way that is both ‘objective’ as well as ‘reliable and administratively feasible,’” writes David S. Osterman, Co-Chair of Goldberg Segalla’s Class Action Litigation Practice Group. “In doing so, the court stated bluntly that class membership cannot be based on the ‘say-so’ of putative class members.”
In this article, Dave examines Hayes v. Wal-Mart Stores Inc., an important case in which the court granted an interlocutory appeal under Fed. R. Civ. P. 23(f) and reversed a trial certifying class claims for consumer fraud, breach of contract, and unjust enrichment on behalf of those who purchased extended warranties for “as-is” items.