Third Circuit denies en banc rehearing request in Carrera class-action “ascertainability” appeal

With four judges dissenting from en banc rehearing and the three original panel members explaining why they think they were right the first time around. Read today's opinions here. The dissenters, in an opinion written by Judge Thomas Ambro, say that the federal rules committee should take up the issues raised by the panel's decision.

For our previous discussions of Carrera, go here, here, here, and here.