The Court’s Opinion is one that plaintiff attorneys will want to note, as it contains excellent discussion of applicable rules relating to acertainability, including:
- Identification of dual tests concerning the evaluation of the class definition [Slip Opinion, at 7-8],
- Standards for addressing overly-broad definitions [Id., at 9],
- The permissibility of defining the class by facts relating to “ultimate issues” in the action [Id., at 9-10], and
- The obligation of the trial court to permit the class to be redefined if doing so would facilitate certification. Id., at 10.