Legal Opinion

Gabriel Carrera v. Bayer Corp

Court of Appeals for the Third Circuit

Decided August 21, 2013No. 12-2621PublishedCited by 190 opinions

1Opinion of the Court

OPINION OF THE COURT

SCIRICA, Circuit Judge.

In this Fed.R.Civ.P. 23(f) appeal, Bayer Corporation and Bayer Healthcare contest the certification of a class of consumers who purchased Bayer’s One-A-Day WeightSmart diet supplement in Florida. The sole issue on appeal is whether the class members are ascertainable. While this interlocutory appeal was pending, we decided Marcus v. BMW of North America, LLC, in which we held “[i]f class members are impossible to identify without ex tensive and individualized fact-finding or ‘mini-trials,’ then a class action is inappropriate.” 687 F.3d 583, 593 (3d…

2Cases cited17 opinions

  1. Amchem Products, Inc. v. WindsorSupreme Court of the United States · 1997
  2. Wal-Mart Stores, Inc. v. DukesSupreme Court of the United States · 2011
  3. General Telephone Co. of Southwest v. FalconSupreme Court of the United States · 1982
  4. Califano v. YamasakiSupreme Court of the United States · 1979
  5. Comcast Corp. v. BehrendSupreme Court of the United States · 2013

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3Cited by190 opinions

  1. Vince Mullins v. Direct Digital, LLCCourt of Appeals for the Seventh Circuit · 2015
  2. Crystal Byrd v. Aaron's IncCourt of Appeals for the Third Circuit · 2015
  3. Universities Superannuation Scheme Ltd. v. Petróleo Brasileiro S.A. PetrobrasCourt of Appeals for the Second Circuit · 2017
  4. Norman Shelton v. Bryan BledsoeCourt of Appeals for the Third Circuit · 2015
  5. Neale v. Volvo Cars of North America, LLCCourt of Appeals for the Third Circuit · 2015

185 more not listed; retrieve them via the Exa API.

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