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ARTICLE · 10 JANUARY 2017

The 9th Circuit Declines To Adopt Administrative Feasibility Requirement For Class Certification

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The 9th Circuit joined the 6th, 7th, and 8th Circuits in declining to adopt an administrative feasibility requirement.

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 9th Circuit joined the 6th, 7th, and 8th Circuits in 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 9th Circuit expressly declined to follow the approach adopted by the 3d Circuit and cited by several other circuit courts.
  • Although the 9th Circuit's ruling precludes class action defendants from challenging class certification based on an independent administrative feasibility requirement, the decision leaves the door open for defendants to make similar arguments through Rule 23's enumerated requirements.

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