Page 15 - Fourth Circuits News Today : Breaking News, Live Updates & Top Stories | Vimarsana

To embed, copy and paste the code into your website or blog: On February 2, 2021, the United States Court of Appeals for the Eleventh Circuit issued a significant decision holding that a putative class representative does not need to establish an administratively feasible method to identify absent class members as a pre-requisite for class certification under Federal Rules of Civil Procedure 23 (Rule 23).  The case is Deepening a circuit split, the Eleventh Circuit joined the Second, Seventh, Eighth, and Ninth Circuits in concluding that administrative feasibility is not a pre-requisite for...

Can a plaintiff represent a class without showing that there’s a feasible way to identify the absent class members? In its recent decision in Cherry v. Dometic Corp., the Eleventh...

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...

To embed, copy and paste the code into your website or blog: The Eleventh Circuit has joined the Second, Sixth, Seventh, Eighth, and Ninth Circuits in rejecting administrative feasibility as a prerequisite for class certification. The decision reverses unpublished Eleventh Circuit authority and deepens a circuit split with the First, Third, and Fourth Circuits on the issue. In Cherry v. Dometic Corporation, 18 owners of gas-absorption refrigerators manufactured and sold by Dometic Corporation sued the company over alleged product defects. The plaintiffs sought to represent a class consisting...

In an opinion that deepens an existing circuit court split, the Eleventh Circuit recently held that the future risk of identity theft is not sufficient to establish Article III...