Eleventh Circuit Rejects Administrative Feasibility as a Requirement for Class Actions
By EsqSocial Corporation 22/02/21
Can a plaintiff represent a class without showing that there’s a feasible way to identify the absent class members? In its recent decision in Cherry v. Dometic Corp., the Eleventh Circuit has become the latest circuit to answer that question with a “maybe.” Although the court noted that the “feasibility” of identifying absent class members was relevant to the “superiority” and “manageability” considerations of Rule 23(b)(3), the court rejected the argument that proving that absent class members...
By: Bradley Arant Boult Cummings LLP