VINCENT DANIELS VS. HOLLISTER CO.
A-3629-13T3
In this interlocutory appeal, the court expressed its doubt whether the "ascertainability" doctrine adopted by some federal courts should ever be utilized in determining class certification but specifically concluded in this matter of first impression that "ascertainability" must play no role in considering certification of a low-value consumer class action.
In addition, the court held that although orders granting or denying class certification are not appealable as of right, appellate courts will ordinarily grant leave to appeal: (1) when denial effectively ends the case; (2) when granting certification raises the stakes of the litigation so substantially that the defendant likely will feel irresistible pressure to settle; and (3) when permitting leave to appeal will lead to a clarification of a fundamental issue of law.
