U.S. Supreme Court

Case Status


Docket Number


Cert. Denied


Questions Presented

May a court certify a class under Federal Rule of Civil Procedure 23(b)(3) where the plaintiff fails to make any showing of a reliable and administratively feasible means for ascertaining class membership?

Case Updates

Cert. petition denied

February 29, 2016

U.S. Chamber urges Supreme Court to review ascertainability requirement under Rule 23(b)(3)

November 25, 2015

In its brief, the U.S. Chamber supported a petition for writ of certiorari regarding the ascertainability requirement under Rule 23(b)(3). Although other courts have required that a class not be certified unless there is an objective and administratively feasible method for identifying class members, the Sixth and Seventh Circuits have rejected this requirement.

The Chamber’s brief argues that this lax approach does not withstand the required “rigorous analysis” and allows class actions that cannot be litigated in an administrable manner consistent with due process. In addition, the brief argues that the Seventh Circuit’s approach invites nuisance suits and benefits only plaintiffs’ lawyers.

Laura K. McNally, Andrew R. DeVooght, and Meredith J. Siller of Loeb & Loeb LLP served as co-counsel for the U.S. Chamber of Commerce on behalf of the U.S. Chamber Litigation Center.

Case Documents