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Conagra Brands Inc. v. Briseno et. al.
(U.S., filed May 12, 2017): Arguing that Rule 23 (b)(3) authorizes class certification only where there is a practical method for class-wide adjudication that is consistent with due process and the “ascertainability” requirement flows directly from, and is compelled by, Rule 23 (b)(3). Also arguing that trial by affidavit and claims administrator mini-trials are not legitimate substitutes for proper ascertainability.
The Court denied the petition for cert on October 10, 2017.
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