Circuit Split On Class Action Ascertainability Is Disappearing

Law360 (April 9, 2021, 4:42 PM EDT) --  The U.S. Court of Appeals for the Eleventh Circuit made headlines in early February, when it ruled in Cherry v. Dometic Corp. that class action ascertainability merely requires a clear and objectively defined class, and has nothing to do with the administrative feasibility of identifying class members. 

The ruling in Cherry restored the viability of class actions in the Eleventh Circuit, which had taken a beating under the heightened ascertainability standard first announced by the U.S. Court of Appeals for the Third Circuit in Carrera v. Bayer, a 2013 decision holding that a class isn't ascertainable — and thus can't be...

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