Strategically Approaching the Hot Button Issue of Class Action Ascertainability in Your Case, and Defeating the “Fail Safe” Class Definition: Crucial Insights from Seasoned Litigators Based on Real Life Case Scenarios
- The most persuasive arguments for ascertainability in the class certification phase
- The most strategic ways defendants are attacking ascertainability in the class certification phase
- Protecting the right to due process
- Examining the latest case law relating to the “fail safe” class definition
- Strategies for avoiding/defeating the creation of a fail safe class
- When are courts willing to permit revision of class definitions to remedy fail safe classes?