Cherry v. Dometic Corporation, No. 19-13242 (11th Cir. 2021)Annotate this Case
Putative class representatives do not have to prove the existence of an administratively feasible method to identify absent class members as a precondition for certification of a class action under Federal Rule of Civil Procedure 23. Plaintiffs, owners of allegedly defective refrigerators manufactured by Dometic Corporation, as putative class representatives, moved to certify a class of similarly situated owners. The district court denied certification based on plaintiffs' failure to prove administrative feasibility, and dismissed the action because, in its view, the denial of class certification divested it of subject matter jurisdiction.
The Eleventh Circuit vacated the district court's order denying class certification and dismissing the action, holding that the doctrines of invited error and forfeiture do not bar the court's consideration of the issue of administrative feasibility; administrative feasibility is relevant under Rule 23(b)(3) but is not a prerequisite of certification; and jurisdiction under the Class Action Fairness Act does not depend on class certification. Accordingly, the court remanded for further proceedings.