Eleventh Circuit Weighs In on Growing Administrative Feasibility Split
An examination of the various circuit courtsâ reasoning in considering administrative feasibility in determining the propriety of class certification under Rule 23.
By Eric Hudson
Pexels | Ekaterina Bolovtsova
In February 2021, the Eleventh Circuit Court of Appeals contributed to a growing circuit split concerning the requirement of âadministrative feasibilityâ in determining the propriety of class certification under Federal Rule of Civil Procedure 23.
Cherry v. Dometic Corp., 986 F.3d 1296 (11th Cir. 2021). The Eleventh Circuit is the ninth circuit court to address administrative feasibility, and three circuit courts now apply the standard as a stand-alone factor, while six do not. At its root, the requirement is intended to ensure that courts that certify class actions can definitively identify class members. Discussion of administrative feasibility most often arises in the context of consu
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On February 2, 2021, the Eleventh Circuit joined the Second, Sixth, Seventh, Eighth, and Ninth Circuits in holding that Rule 23 does not require proof of an administratively feasible method to identify absent class members. In so doing, the court rejected the heightened standard for ascertainability recognized by the First, Third, and Fourth Circuits. Nevertheless, the Eleventh Circuit reiterated that ascertainability which asks whether a class is adequately defined remains an implicit requirement of Rule 23. Moreover, while the administrative feasibility of determining class membership will rarely defeat class certification standing alone, it remains a factor for courts to consider when assessing the manageability of a class under Rule 23(b)(3)’s predominance requirement.