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

April 3, 2017 4:35pm

Christopher Landgraff

Bartlit Beck Herman Palenchar & Scott LLP

Robert Rutherford

Burr & Forman LLP

  • 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?