City Select Auto Sales, Inc. v. BMW Bank of North America, et al.

U.S. Chamber Urges Third Circuit Court to Reaffirm the Requirement for Class Ascertainability

U.S. Chamber's Position: 

The U.S. Chamber and Grocery Manufacturers Association filed an amicus brief before the Third Circuit on the issue of class ascertainability.  The brief urged the Third Circuit to affirm its position on the necessity of class ascertainability and affirm the district court’s judgment, arguing that it is not practical to determine on a classwide basis which potential plaintiffs were injured by the defendant’s allegedly unlawful conduct.  The brief also reminds the Third Circuit that its ascertainability requirement flows directly from, and is compelled by, Rule 23(b)(3).  Finally, the brief argues that trial by affidavit and claims-administrator mini-trials are not legitimate substitutes for proper ascertainability.

Jonathan D. Hacker, Jason Zarrow, Anton Metlitsky and Hannah Y. Chanoine of O'Melveny & Myers LLP served as co-counsel for the amici.

Case Outcome: 

This case has not been decided.

Procedural History: 

U.S. Chamber motion to file an amicus brief filed 5/27/2016.