U.S. Court of Appeals for the Third Circuit

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September 09, 2020

The Third Circuit allowed the worker-misclassification class action to proceed, holding 2-1 that the District Court applied an overly strict ascertainability standard. The Third Circuit also drew an adverse inference about class membership against the defendant because it allegedly failed to keep adequate employment records, despite its good-faith belief that plaintiffs were not employees covered by state recordkeeping obligations. The U.S. Chamber filed a coalition amicus brief opposing this outcome.

U.S. Chamber files coalition amicus brief urging Third Circuit to deny class certification and reaffirm that ascertainability is a rigorous requirement firmly rooted in Rule 23's text

February 28, 2020

Click here to view the U.S. Chamber’s amicus brief. Adam G. Unikowsky of Jenner & Block LLP served as co-counsel for the U.S. Chamber of Commerce on behalf of the U.S. Chamber Litigation Center.

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