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."
To read the full article, please click here
. Access may require a subscription.