Law360 Quotes Partner Jeff Jacobson on Antitrust Takeaways From The 2nd Circ. Petrobras Ruling
July 28, 2017
Partner Jeff Jacobson was quoted in the Law360 article “Antitrust Takeaways From The 2nd Circ. Petrobras Ruling.” The article discusses the latest circuit court ruling on ascertainability, a contentious issue that strikes to the core of antitrust class actions. The case explores whether groups seeking class certification must provide an administratively feasible way to ascertain who is a member of the class, such as production of a receipt or other record.

"The ascertainability doctrine is very relevant to antitrust cases because if you can’t ascertain who the purchasers were, you can’t ascertain who was impacted by a potential antitrust violation," Mr. Jacobson told Law360. He added,  "All the Third Circuit has done is to judge cases before it and agree that class certification is inappropriate in situations where the plaintiff did not have a reliable means of identifying class members. I really don’t believe there is a circuit court in the country that would have decided any differently."

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