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Ninth Circuit Upholds Class Certification Standard

In a class action alleging that ConAgra's Wesson Oil is not natural as labeled because it is made up of genetically modified corn, the Court of Appeals for the Ninth Circuit upheld the District Court's certification of eleven state classes. The Court of Appeals rejected ConAgra's argument that was based on a Third Circuit decision that plaintiffs are required to meet "administrative feasiblity" under the ascertainability prong for class certification. The Court found that Congress did not require that under the plain reading of Federal Rule of Civil Procedure 23, and therefore plaintiffs are not required to identify all class members at that stage of the litigation. Click here to read the full opinion.

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