PRACTITIONER BLOG
Read our analyses of developments in Impact Litigation and stay current on class action law
Impact Fund and Allies file Amicus Brief to rebuff defamation claims in Class Action litigation
The Impact Fund and amici focused on the panel’s misunderstanding of “ascertainability,” a term of art particular to class actions. Ascertainability is the implied prerequisite that a class be defined by clear and definite terms so that a court can determine who is bound by a judgment and who is entitled to relief. Critical to the issue at hand, ascertainability is a forward-looking inquiry, asking whether a court will be able to ascertain class membership at some future point in the litigation. It has never meant that plaintiffs know who is in the proposed class at the time of filing.
Settlements bring key technology, other accommodations for Deaf, hard of hearing, and blind incarcerated people in Colorado
When Brian Mackes wants to submit a grievance challenging prison conditions, contact the infirmary with his medical concerns, or write a letter to his lawyer, he has to dictate his words to a fellow prisoner* who writes them down and – he hopes – writes them legibly, spells them correctly, and keeps them in confidence. Zach Radford did not understand the teachers in his required therapeutic class and was eventually removed from the class for nonparticipation; he remained on the waiting list for other required classes while others were admitted. Mr. Mackes is blind; Mr. Radford is Deaf;** both are prisoners in the custody of the Colorado Department of Corrections (CDOC).