11th Cir. Says Failure to Meet Ascertainability Requirement Does Not Doom Class Certification

ATLANTA — An 11th Circuit U.S. Court of Appeals panel has ruled that putative class representatives are not required to prove the existence of an administratively feasible method to identify absent class members as a precondition for class certification under Federal Rule of Civil Procedure 23.

In a Feb. 2 published opinion, the appellate panel ruled that a Florida federal court erred in refusing to certify a class of consumers for failing to meet the ascertainability requirement of Rule 23.

Dometic Corp. manufactures and sells gas-absorption refrigerators that are used in recreational vehicles. Unlike regular refrigerators, Dometic refrigerators are …