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To embed, copy and paste the code into your website or blog: Earlier this week, the Eleventh Circuit joined the Second, Sixth, Eighth, and Ninth Circuits in rejecting administrative feasibility as a prerequisite to certification under Rule 23, deepening a split with the First, Third, and Fourth Circuits. In Cherry v. Dometic Corporation, the court reversed the district court’s denial of class certification based on administrative feasibility. F.3d , 2021 WL 346121, at 3-5 (11th Cir. Feb. 2, 2021). The Eleventh Circuit also held that denial of class certification did not divest the district court of jurisdiction, ordering the case to proceed in the district court. ....
Ramirez v. TransUnion LLC. Specifically, the Supreme Court granted certiorari for the following question: Whether either Article III or Rule 23 permits a damages class action where the vast majority of the class suffered no actual injury, let alone an injury anything like what the class representative suffered. The Supreme Court’s certiorari grant is a significant moment in class action jurisprudence. The question of Article III standing for absent class members is a knot that courts have been trying to sort out over the last several years. On one end, the Second Circuit has held that “no class may be certified that contains members lacking Article III standing.” Accordingly, district courts in the Second Circuit routinely examine Article III standing of absent class members as part of the class certification analysis. ....