11th Circuit Weights in on “Administrative Feasibility” as a Class Certification Requirement
A frequently-debated question in the class action realm is the role in certification analysis of "administrative feasibility." Must a plaintiff show, before a class is certified, that a manageable way to contact absent class members exists?
In the Third Circuit, for example, the proposed class representative must establish feasibility...
When Does Documents-Only Arbitration Make Sense?
An underutilized dispute resolution process in U.S. commercial disputes is an arbitration conducted only on the exhibits, without a final oral hearing. Such a documents-only arbitral process, much more common internationally, resembles a summary judgment process more than it does a...