“Ascertainability” in the context of civil litigation involves the identification of individuals who qualify for membership in a putative class action. Although not an explicit requirement under Rule 23, since
David E. Sellinger focuses his practice on complex civil litigation matters, including class action defense, trial in federal and state courts, and in arbitrations. He has over thirty years of litigation experience in which he has represented corporate and individual clients in a broad array of lawsuits. David has represented corporations sued in class actions brought in both state and federal courts involving claims for consumer fraud, product liability, and violations of various state and federal statutes. He has handled cases in multi-district litigation (MDL) proceedings. In addition, he is currently involved in overseeing product liability class actions throughout the country for a national retailer as a member of GT's team serving as the client's national coordinating counsel for class actions. In the past, David also has represented institutional investors as plaintiffs in class actions involving claims of securities fraud and breach of fiduciary duty.
David has handled an array of shareholder disputes and business torts matters, as well as patent damages litigation. As a trial lawyer, David is willing to try cases where the client's interests call for trial but has also resolved and narrowed litigation before trial. David brings his experience to bear in finding cost-effective resolutions of litigation matters. A former Assistant United States Attorney, he also represents clients in white-collar criminal matters, including parallel criminal, civil, administrative proceedings and internal investigations. He has written and spoken on various litigation topics, including the defense of class action litigation.