New Jersey Federal Court Highlights Continued Hurdles To Consumer Class Actions

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As consumers continue to file class actions around the country, it is important for practitioners to analyze how federal courts interpret class certification requirements. For defense attorneys, it is especially helpful to understand the nuanced arguments that have been successful in defeating class certification and, in particular, to develop a strong factual record during discovery in support of those arguments.  One recent federal court decision highlights potential arguments with respect to two hurdles that continue to be the Achilles heel for proposed consumer classes: predominance and ascertainability.

One issue defense attorneys in consumer class actions should have on their radar when conducting discovery is a focus on the reasons why each individual consumer purchased the relevant product. Some consumers read labels – others do not – and these variations can highlight reasons why certification of a class may be improper. Discovery often reveals that many

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