Buchanan Ingersoll & Rooney Shareholder Christopher J. Dalton recently was quoted in a Law360 article on a New Jersey appellate division decision flatly rejecting the concept of “ascertainability” in class actions – the idea that members of the class must be readily and objectively identifiable at the class-certification stage.

Chris tells the publication that the decision reinforces a perception that defendants have the deck stacked against them in state court. “It's going to certainly encourage plaintiffs in so far as possible to keep all class actions that they can in New Jersey state court,” he said.

Buchanan obtained the first 3rd Circuit decision addressing ascertainability in Marcus v. BMW of North America, LLC, 687 F.3d 583 (3d Cir. 2012).