New Third Circuit decision toughens standard for class certification when information about individual consumers is lacking

A recent decision from the US Court of Appeals for the Third Circuit has erected a substantial barrier to classes being certified in consumer products cases, especially cases involving products sold to consumers through third parties such as retailers in which consumers do not routinely provide contact information at the point of sale.

On 21 August 2013, in Carrera v Bayer Corp, the Third Circuit vacated the certification of a Rule 23(b)(3) class of purchasers of a Bayer diet supplement. No. 12-2621, 2013 WL 4437225 (3d. Cir. Aug. 21, 2013). Bayer sold the supplement through retail stores rather than directly to consumers and had no records of the consumers who purchased the product. It challenged the ascertainability of the class, arguing that the members of the class could not be reliably identified because Bayer had no list of the ultimate purchasers of the supplement and purchasers of such a small consumer item would likely would discarded any proof of purchase…

If you are registered and logged in to the site, click on the link below to read the rest of the Hogan Lovells briefing. If not, please register or sign in with your details below.

Sign in or Register to continue reading this article

Sign in

Register

It's quick, easy and free!

It takes just 5 minutes to register. Answer a few simple questions and once completed you’ll have instant access.

Register now

Why register to The Lawyer

 

Industry insight

In-depth, expert analysis into the stories behind the headlines from our leading team of journalists.

 

Market intelligence

Identify the major players and business opportunities within a particular region through our series of free, special reports.

 

Email newsletters

Receive your pick of The Lawyer's daily and weekly email newsletters, tailored by practice area, region and job function.

More relevant to you

To continue providing the best analysis, insight and news across the legal market we are collecting some information about who you are, what you do and where you work to improve The Lawyer and make it more relevant to you.

Briefings from Hogan Lovells

View more briefings from Hogan Lovells

Analysis from The Lawyer

View more analysis from The Lawyer

Overview

Atlantic House
Holborn Viaduct
London
EC1A 2FG
UK
http://www.hoganlovells.com

Turnover (£m): 1,098.00
No. of lawyers: 2,313 (UK 200)
Jurisdiction: UK
No. of offices: 9
No. of qualified lawyers: 206 (International 50)

Jobs