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On February 2, 2021, the United States Court of Appeals for the Eleventh Circuit issued a significant decision holding that a putative class representative does not need to establish an administratively feasible method to identify absent class members as a pre-requisite for class certification under Federal Rules of Civil Procedure 23 (Rule 23). The case is
Deepening a circuit split, the Eleventh Circuit joined the Second, Seventh, Eighth, and Ninth Circuits in concluding that administrative feasibility is not a pre-requisite for class certification under Rule 23. By contrast, the First, Third, and Fourth Circuits have held that administrative feasibility is a pre-requisite.