Judge Patricia Millett of the U.S. Court of Appeals for the D.C. Circuit. Photo by Diego M. Radzinschi/ALM DC Circuit Opinion Highlights Divide Over Rule Against 'Fail-Safe' Class Definitions
In the underlying case, two Hilton employees and one relative of a deceased employee sued Hilton Hotels Retirement Plan over allegedly unlawfully denied vested retirement benefits.
April 06, 2023 at 05:03 PM
4 minute read
The U.S. Court of Appeals for the D.C. Circuit deepened a divide among circuits on Tuesday by holding that judges can't deny class certification based only on a rule against "fail safe" class definitions, or when membership hinges on the case's outcome on the merits.
Judges Patricia Millett and Harry Edwards and Chief Judge Sri Srinivasan sided with the minority of circuits in saying that courts weighing if a class should be certified shouldn't ask if the definition is fail safe, but should instead tether their analysis to Rule 23, the federal rule for class action procedure, to weed out any problems.
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