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Ascertainability is an implied prerequisite of Federal Rule of Civil Procedure 23, which governs class actions. Class representatives bear the burden of establishing that their proposed...
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...
Advertisement A Chilly Reception at the 11th Circuit: The Court Narrows the Scope of the Ascertainability Requirement for Class Certification Tuesday, February 9, 2021 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 C...
Providing a significant clarification on its requirements for certifying class actions, the Eleventh Circuit ruled Tuesday that a Florida federal judge erred when he tossed a suit worth upwards of $2 billion because a group of consumers failed to prove the "administrative feasibility" of identifying class members.