July 07, 2017 Top Story

Administrative Feasibility Rejected in Certifying Class

Growing circuit court split confuses appropriate time to address element

Candice A. Garcia-Rodrigo

Defendants cannot force class plaintiffs to show an administratively feasible way to identify class members as a prerequisite to class certification, deepening a split among the circuits.

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In Briseno v. ConAgra Foods, Inc., the U.S. Court of Appeals for the Ninth Circuit rejected the defendant's reading of Federal Rule of Civil Procedure 23 that added an element of proffering an administratively feasible way to identify class members. Class litigation attorneys address this "administratively feasible" argument instead when discussing the "superiority" requirement under rule 23(b)(3), suggests ABA Section of Litigation leaders.

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