Becker & Gieser: 11th Circuit Sharpens Circuit Split on Ascertainability as Prerequisite to Rule 23 Class Certification
On February 2, 2022, the U.S. Court of Appeals for the Eleventh Circuit in Cherry v. Dometic Corporation, 986 F.3d 1296 (11th Cir. 2022), addressed whether putative class representatives must prove an administratively feasible method of identifying absent class members as a precondition for class certification under Federal Rule of Civil Procedure 23. The Eleventh Circuit’s holding that proof of administrative feasibility is not required puts it in line with the Second, Sixth, Seventh, Eighth, and Ninth Circuits. This contrasts with the First, Third, and Fourth Circuits.
