Neal Marder Participates in Daily Journal Podcast on Circuit Split in Class Action Administrative Feasibility Cases

Akin Gump litigation partner Neal Marder participated in Daily Journal’s weekly podcast, discussing a recent decision by the U.S. Court of Appeals for the 9th Circuit in which the court ruled that a class of plaintiffs is not required to affirmatively demonstrate that its suit is administratively feasible in order to receive class certification. The case was Briseno v. ConAgra Foods, where the plaintiffs had filed suit after purchasing GMO-containing cooking oil that was labeled as “all-natural.”

Marder began by talking about Federal Rule of Civil Procedure 23, which was the basis for the court’s opinion in the case. He noted that Rule 23 lays out the requirements for a plaintiff in a class action, and then gave some background on the particular case in question.

Marder proceeded to talk about the 9th Circuit’s ruling, saying it took “a very narrow interpretation of Rule 23.” He also outlined why the question of administrative feasibility is important, discussed the difference between the 9th Circuit ruling and one on the same issue from the 3rd Circuit, and predicted that this issue could end up before the U.S. Supreme Court.

To listen to a recording of the full podcast, please click here.

To read an article on this case that Marder co-wrote for Daily Journal, please click here.