DANIELS v. HOLLISTER CO.

No. A-3629-13T3.

113 A.3d 796 (2015)

440 N.J. Super. 359

Vincent DANIELS, individually and on behalf of a class, Plaintiff-Respondent, v. HOLLISTER CO., a Delaware Corporation, Defendant-Appellant.

Superior Court of New Jersey, Appellate Division.

Decided May 13, 2015.


Attorney(s) appearing for the Case

Brian J. Murray (Jones Day) of the Illinois bar, admitted pro hac vice, argued the cause for appellant (Grossman, Heavey & Halpin, P.C., and Mr. Murray, attorneys; Richard A. Grossman , Brick, of counsel and on the briefs; Mr. Murray, on the briefs).

James Shedden (Shedden Law) of the Illinois bar, admitted pro hac vice, argued the cause for respondent (Flitter Lorenz, P.C., and Mr. Shedden, attorneys; Cary L. Flitter , Theodore E. Lorenz , Marlton , and Andrew M. Milz >, of counsel and on the brief; Mr. Shedden and Vincent L. Di-Tommaso (DiTommaso Lubin, P.C.) of the Illinois bar, admitted pro hac vice, on the brief).

Before Judges FISHER, ACCURSO and MANAHAN.


The opinion of the court was delivered by

We granted leave to appeal an order granting class certification1 to consider whether the trial judge correctly held plaintiff was not required to show the class members are "ascertainable." Although we doubt the "ascertainability" doctrine adopted by...

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