The 3rd Circuit’s recent decision not to reconsider en banc its ruling in Carrera v. Bayer has further clarified and significantly strengthened the standard of “ascertainability” – essentially, the feasibility and reliability of identifying the potential class members – necessary for a class action to be certified. The decision has the potential to curtail consumer class action litigation of dubious value, at least in the 3rd Circuit, and also underscores the importance of expanded access to interlocutory appeal of class certification decisions.


The New Jersey Civil Justice Institute is hosting a teleforum on the implications of the court’s decision with Jessica Miller, who co-authored an amicus brief on behalf of the Product Liability Advisory Council that the 3rd Circuit found persuasive.


The call will be held on Wednesday, June 18 from noon to 12:30 PM. If you are interested in participating in the call, please email NJCJI’s Director of Public Affairs, Emily Kelchen, for the call-in information.