Gabriel Carrera v. Bayer Corp
Court of Appeals for the Third Circuit
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
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