fb tracking

Varner v. Dometic Corp.

This case was brought as a class action seeking compensation for a defective refrigerators. The district court denied class certification on the ground that the class was not “ascertainable.” The plaintiffs, appealed, and Public Citizen filed an amicus brief in support of the plaintiffs. Our brief explained that ascertainability is not a certification requirement under Federal Rule of Civil Procedure 23 and that the district court’s concerns about class member identification in this case were unfounded. The court of appeals agreed, holding that Rule 23 does not require a showing of administrative feasibility as a prerequisite to class certification.