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ARTICLE · 19 JULY 2017

The 2nd Circuit Clarifies That Administrative Feasibility Is Not A Requirement For Class Certification

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The 2nd Circuit's decision further highlights the circuit split on this divisive issue in class action jurisprudence and further increases the likelihood that the Supreme Court will weigh in.

United StatesLitigation, Mediation & Arbitration
Neal Marder
Neal Marder
Ali Rabbani
Ali Rabbani
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Key Points

  • The U.S. Court of Appeals for the 2nd Circuit joined the 6th, 7th, 8th and 9th Circuits in expressly declining to adopt an "administrative feasibility" requirement for plaintiffs seeking to certify a class under Federal Rule of Civil Procedure 23 ("Rule 23"). In doing so, the 2nd Circuit departed from the approach adopted by the 3rd, 4th, and 11th Circuits.
  • While the 2nd Circuit's opinion prevents defendants from opposing class certification based on an independent "administrative feasibility" requirement, the ruling does not prohibit defendants from raising similar challenges under Rule 23's enumerated requirements.
  • The 2nd Circuit's opinion adds another voice to the circuit split regarding whether Rule 23's ascertainability requirement requires proof of administrative feasibility at the class certification stage, increasing the likelihood of Supreme Court review.

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