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U.S. Court of Appeals for the Tenth Circuit

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Tenth Circuit holds 2-1 that an administratively feasible method for identifying class members through objective, verifiable records is not a threshold requirement for class certification but merely one manageability factor under Rule 23(b)(3)(D)

July 29, 2026

Opinion

U.S. Chamber files amicus brief urging Tenth Circuit to hold that Rule 23 requires an ascertainable class with class membership proven through objective records not reasonably subject to dispute

June 11, 2024

U.S. Chamber Amicus Brief

Frederick R. Yarger, Galen D. Bellamy, and Kate Fletcher of Wheeler Trigg O'Donnell LLP served as outside counsel.

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