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CARRERA v. BAYER CORP.

No. 12-2621.

727 F.3d 300 (2013)

Gabriel Joseph CARRERA, on behalf of himself and all others similarly situated v. BAYER CORPORATION; Bayer Healthcare, LLC., Appellants. *(Amended Pursuant to the Clerk's Order of July 5, 2012).

United States Court of Appeals, Third Circuit.

Filed: August 21, 2013.

Attorney(s) appearing for the Case

Matthew R. Ford, Esq. , Christopher D. Landgraff, Esq. , Rebecca Weinstein Bacon, Esq. , [argued], Bartlit, Beck, Herman, Palenchar & Scott, Chicago, IL, for Appellants.

Caroline F. Bartlett, Esq. , James E. Cecchi, Esq. , Lindsey H. Taylor, Esq. , Carella, Byrne, Cecchi, Olstein, Brody & Agnello, Roseland, NJ, Joe R. Whatley, Jr., Esq. , [argued], Whatley, Drake & Kallas, New York, NY, for Appellee.

John Beisner, Esq. , Skaden, Arps, Slate, Meagher & Flom, Washington, DC, for Amicus Curiae.

Before: SCIRICA, SMITH and CHAGARES, Circuit Judges.

OPINION OF THE COURT

SCIRICA, Circuit Judge.

In this Fed.R.Civ.P. 23(f) appeal, Bayer Corporation and Bayer Healthcare contest the certification of a class of consumers who purchased Bayer's One-A-Day WeightSmart diet supplement in Florida. The sole issue on appeal is whether the class members are ascertainable. While this interlocutory appeal was pending, we decided Marcus v. BMW of North America, LLC, in which we held "[i]f class members are impossible...

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