Daily Journal Publishes Akin Gump Article on 9th Circuit Ruling in Class Certification Case Involving Administrative Feasibility Requirement

Daily Journal has published the article “Class action split deepens,” written by Akin Gump litigation partner Neal Marder, counsel Ali Rabbani and associate Zak Franklin.

The article discusses a ruling from the U.S. Court of Appeals for the 9th Circuit regarding “whether plaintiffs moving for class certification under Rule 23 must demonstrate an “administratively feasible” means of identifying absent class members.”

Marder, Rabbani and Franklin provide some background on the case, Briseno v. ConAgra Foods, Inc., a putative class action brought against ConAgra Foods by consumers who purchased Wesson-brand cooking oil products labeled 100 percent natural. The plaintiffs argued that ConAgra falsely and misleadingly marketed its products because they were, in fact, “made from bioengineered ingredients.”

The district court granted, in part, a motion by the plaintiffs to certify 11 statewide classes. On appeal, ConAgra argued, “there would be no administratively feasible method to identify members of the proposed classes.” The appeals court sided with the plaintiffs, further adding to the split among the circuit courts.

The authors conclude by noting, “The 9th Circuit’s ruling increases the likelihood that the Supreme Court will weigh in on this hot-button issue in class action jurisprudence.”

To read the full article, please click here.