Source -
Developments in Class Action Law
Class Action Decisions Published August 2026
Highlights from this issue include:
- Ascertainability, Manageability and Administrative Feasibility. The Tenth Circuit reiterated that ascertainability is not a standalone requirement but is one of the considerations under the manageability analysis and that administrative feasibility is not a required element of ascertainability.
- Class Member Identification. The Tenth Circuit affirmed it is proper for a district court to allow class members to identify themselves with affidavits.
- Rule 23(f) and Pendent Jurisdiction. The Fifth Circuit held that a Rule 23(f) interlocutory appeal applies only to class certification decisions under Rule 23 and declined to exercise pendent jurisdiction over the decision to certify a Fair Labor Standards Act collective action.
