The United States Court of Appeals for the Eleventh Circuit’s 2021 class-action work featured an important decision on the existence of an independent ascertainability requirement for class certification. In an abrupt reversal of two unpublished opinions acknowledging the existence of such a requirement, the court aligned itself with most circuits that have addressed the question in demoting the ascertainability of class membership to a factor to be considered in establishing the manageability of a class action, rather than an independent requirement. The court’s other significant cases concerned class settlements and standing.
Byrne, Thomas M. and Mohr, Stacey McGavin
Mercer Law Review: Vol. 73:
4, Article 7.
Available at: https://digitalcommons.law.mercer.edu/jour_mlr/vol73/iss4/7