11th Circ. Clarifies Ascertainability Standard For Class Actions

By Nathan Hale (February 2, 2021, 9:57 PM EST) -- Providing a significant clarification on its requirements for certifying class actions, the Eleventh Circuit ruled Tuesday that a Florida federal judge erred when he tossed a suit worth upwards of $2 billion because a group of consumers failed to prove the "administrative feasibility" of identifying class members.

In a 15-page published opinion, the three-judge panel vacated the dismissal and denial of class certification in the case, which claimed Dometic Corp. sold potentially millions of consumers defective refrigerators for recreational vehicles. The judges sent the case back to the district court for further proceedings.

The panel based its decision on its finding...

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