11th Circuit Decision on Class Certification

Last week the U.S. Court of Appeals for the Eleventh Circuit issued an important decision on class actions, Cherry v. Dometic Corp. Judge William Pryor’s unanimous opinion for the panel rejects the view that “administrative feasibility” is a requirement for class certification under Rule 23.

The court does recognize that administrative feasibility is “relevant” for Rule 23(b)(3) class actions—because of the “manageability criterion of Rule 23(b)(3)(D).” But even so, “the district court must balance its manageability finding against other considerations.” Therefore, “administrative difficulties—whether in class-member identification or otherwise—do not alone doom a motion for certification.”