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Based on the facts before it, the Supreme Court in American Pipe limited the tolling of absent class member claims in at least two ways: (1) to cases in which class certification had been denied and (2) to cases in which the denial of class certification was not for lack of standing by the named plaintiff. American Pipe, 414 U.S. at 552–53. While American Pipe noted these limitations, courts have struggled with both restrictions because they can appear to lead to inequitable results and be inconsistent with the reasoning behind American Pipe. This has led some courts to allow tolling i...

In Olean Wholesale, litigation related to the long-running tuna price-fixing saga, purchasers of packaged seafood alleged a price-fixing conspiracy against the three largest domestic producers of packaged tuna. At class certification, the parties’ experts disagreed on whether a sufficient portion of the proposed class had been harmed by the alleged scheme. The plaintiffs’ expert “relied on statistical evidence in the form of a regression model which purports to prove that the price-fixing conspiracy harmed all, or nearly all, of the Class members.” The defendants’ expert challenged...

Eleventh Circuit Rejects Administrative Feasibility Requirement: What Does the Future Hold for Ascertainability? The Class Action Chronicle, courts have struggled to define the ascertainability requirement that is implicit in Rule 23 of the Federal Rules of Civil Procedure. Several courts, including the U.S. Courts of Appeals for the First, Third and Fourth Circuits, have required proof of administrative feasibility — i.e., that the identification of class members will be a manageable process that does not require significant individual inquiry — as a prerequisite to class certification....

Tuesday, February 9, 2021 Highlights from this issue include: Supreme Court grants cert in securities class action to address whether the  Basic presumption of class-wide reliance can be rebutted based on the generic nature of the alleged representation and that the statement had no price impact. Massachusetts appellate court emphasizes that evidence is required to support class certification, even under state law. District court in the Second Circuit holds that  Daubert analysis must be conducted at the class certification stage. Third Circuit holds that the failure to registe...

Introduction What do you get when you cross allegedly defective refrigerators, a dangerous chemical agent, and a hotly contested topic in class action practice? The answer is: a precedential opinion from the U.S. Court of Appeals for the 11th Circuit that clarifies the boundaries of the ascertainability requirement and minimizes the role of “administrative feasibility” considerations in the class certification analysis. In Cherry v. Dometic Corp., the 11th Circuit held that “the existence of an administratively feasible method to identify absent class members” is not “a preconditio...