Briseno v. ConAgra Foods, Inc.

Federal Rule of Civil Procedure 23 does not require that a plaintiff demonstrate that it is administratively feasible to identify class members as a prerequisite to class certification.  Joining the Sixth, Seventh and Eighth Circuits and there is no independent requirement under FRCP 23 that a plaintiff demonstrate that it is administratively feasible to identify class members as a prerequisite to class certification disagreeing with the Third Circuit (and possibly the Second Circuit), this decision holds that there is no independent requirement under FRCP 23 that a plaintiff demonstrate that it is administratively feasible to identify class members as a prerequisite to class certification.  Rule 23’s language contains no mention of any such requirement.  The policy concerns mentioned by the Third Circuit in imposing that implied requirement can be met by attention to Rule 23’s other requirements, such as manageability (as a sub-category of superiority) and adequate notice and claims verification procedures.

Ninth Circuit Court of Appeals (Friedland, J.); January 3, 2017; 2017 WL 24618

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