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January 30, 2023
|3 min read
Court Rejects Use of Affidavits, Continuing Third Circuit’s Stringent Ascertainability Requirements
Although courts in the Third Circuit permit the use of affidavits from plaintiffs seeking class certification, they are enforcing an ascertainability requirement that many other circuits don't agree with. Self-identification by putative class members have not held up under the scrutiny of the Third Circuit and alike circuits. Certifying a class may require more evidence in supplementing affidavits and validating class members.