Circuit Split Deepens As Eleventh Circuit Holds Administrative Feasibility Is Not A Requirement For Class Certification

On February 2, 2021, the Eleventh Circuit reversed the district court's denial of class certification for failure to prove an administratively feasible method to identify absent class members. The Eleventh Circuit's rejection of administrative feasibility as a prerequisite to certification under Federal Rule of Civil Procedure 23 has deepened a circuit split on the issue.

In Cherry v. Dometic Corporation, the plaintiffs brought a putative class action on behalf of purchasers of allegedly defective gas-absorption refrigerators used in recreational vehicles. The proposed class consisted of all individuals who had purchased certain models of the defendant-manufacturer's refrigerators in selected states. The main issue at the class-certification stage was whether the proposed class satisfied the ascertainability requirement of Rule 23. This requires class representatives to establish that their proposed class is "adequately defined and clearly ascertainable" before