California Supreme Court,
Civil Litigation
Aug. 22, 2019
Class ascertainability decision leaves open questions
In a narrow ruling, the California Supreme Court held that a proposed class must be defined by objective criteria.
Michael J. Stortz
Partner
K&L Gates LLP
Phone: (415) 765-9508
Email: Michael.Stortz@klgates.com
Michael is a trusted advisor helping companies navigate significant changes to the law. He focuses on anticipating future class action litigation against businesses in the California courts in order to proactively advise clients on ways to mitigate risk.
Neal R. Marder
Partner
Akin, Gump, Strauss, Hauer & Feld LLP
1999 Avenue of the Stars Ste 600
Los Angeles , California 90067
Phone: (310) 728-3740
Email: nmarder@akingump.com
Loyola Law School Los Angeles
Neal works with in-house counsel, senior management and boards of directors for companies, oftentimes facing high-profile, bet-the-company business disputes. He also has substantial cross-border litigation experience.
Rex S. Heinke
Counsel
California Appellate Law Group
appellate law
Email: rex.heinke@calapplaw.com
Columbia University School of Law
Rex is one of the most accomplished appellate practitioners in California, and among the best in the nation. Twice named "California Lawyer of the Year," Rex has argued more than 150 appeals in federal and state courts across the country and is regularly called on to defend major corporations and high-profile individuals in some of their most hotly contested appellate matters.
Kelly Ann Handschumacher
Kelly is an associate in the firm's litigation practice. Her experience includes securities fraud class action defense and other complex commercial litigation.
In a recent ruling, the California Supreme Court considered the extent to which a proposed class must be ascertainable in order to be certified for class treatment. In a narrow ruling, the court in Noel v. Thrifty Payless, Inc., 2019 DJDAR 7074 (July 29, 2019), held that a proposed class must be defined by objective criteria. Similar to the 9th U.S. Circuit Co...
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