Eleventh Circuit Widens Circuit Split On Ascertainability Issue For Class Certification

Key Points

• Widening the circuit split on "[o]ne of the most hotly contested issues in class action practice today," the 11th Circuit held that administrative feasibility is not an element of Federal Rule of Civil Procedure 23's ascertainability requirement or a requirement for class certification. In Cherry v. Dometic Corp., No. 19-13242 (11th Cir. February 2, 2021), the 11th Circuit "limit[s] ascertainability to its traditional scope: a proposed class is ascertainable if it is adequately defined such that its membership is capable of determination."
• The 11th Circuit explained that while not a requirement, administrative feasibility is still an important consideration regarding the superiority of class treatment and, in particular, the manageability of certain class actions.