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ARTICLE · 06 JANUARY 2026

Tenth Circuit Adopts Ascertainability Test And Clarifies Class Action Requirements

Holland & Hart LLP
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In Cline v. Sunoco, Inc. R&M, 2025 U.S. App. LEXIS 29929, __ F.4th. __ (10th Cir. Nov. 17, 2025), the U.S. Court of Appeals for the Tenth Circuit largely affirmed the federal district court's rulings...

United StatesLitigation, Mediation & Arbitration
Stephen Masciocchi
Stephen Masciocchi
Adrianne Rosenbluth
Adrianne Rosenbluth

In Cline v. Sunoco, Inc. R&M, 2025 U.S. App. LEXIS 29929, __ F.4th. __ (10th Cir. Nov. 17, 2025), the U.S. Court of Appeals for the Tenth Circuit largely affirmed the federal district court's rulings certifying a class and awarding damages, and in the process, adopted the majority test for determining whether the class members are ascertainable. The circuit court upheld the lower court's rulings on class certification, standing, and prejudgment interest but vacated its punitive damages award.

Factual and Procedural Background

The named plaintiff, Oklahoma farmer and landowner Perry Cline, owns royalty interests in three Oklahoma oil wells. Defendant Sunoco buys oil extracted from Oklahoma wells, including Cline's wells.

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