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.

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