Class Suit ‘Administrative Feasibility’ Circuit Split Deepens

Administrative feasibility isn’t a requirement for Rule 23 class certification, the U.S. Court of Appeals for the Eleventh Circuit ruled, joining the Second, Sixth, Seventh, Eighth, and Ninth circuits and deepening an existing divide among federal courts.

“Proof of administrative feasibility cannot be a precondition for certification,” Judge William H. Pryor Jr., wrote in the Tuesday ruling.

Even so, the First, Third, and Fourth circuits require it.

Although the Eleventh Circuit has previously weighed in on the role of administrative feasibility in class certification—and has applied the Third Circuit’s approach—it has only done so in unpublished decisions.

The court’s Tuesday ...