Opinion

ARKANSAS BLUE CROSS BLUE SHIELD v. Hicks

  • 349 Ark. 269
  • 78 S.W.3d 58
  • 2002 Ark. LEXIS 362
Court
Supreme Court of Arkansas
Filed
Jun 13, 2002
Status
Published
Author
Imber
On the bench
Donald L. Corbin
Cited by
34 cases
Authority
More cited than 8.2%

The opinion

Annabelle Clinton Imber, Justice, concurring. I agree with the majority’s decision, and write separately only to clarify that the Appellees in this case are not required to produce a list identifying all members of the class. As the majority recognizes, the class description must only be definite enough so that it is administratively feasible for the court to determine whether a particular individual is a member of the proposed class. See Ferguson v. Kroger Co., 343 Ark. 627 , 37 S.W.3d 590 (2001). See also Fabricant v. Sears Roebuck, 202 F.R.D. 306 (S.D. Fla. 2001); Mueller v. CBS, Inc., 200 F.R.D. 227 (W.D. Pa. 2001); 5 James Moore, Moore’s Federal Practice § 23.21 [1] (3d ed. 1997).

More precisely, it is generally recognized that the definition of a class need not be so specific that every potential member must be identifiable at the outset of the action. See Cherokee Nation of Okla. v. United States, 199 F.R.D. 357 (E.D. Okla. 2001); O’Connor v. Boeing N. Am., Inc., 184 F.R.D. 311 (C.D. Cal. 1998); Joseph v. General Motors Corp., 109 F.R.D. 635 (D. Colo. 1986); In re Tetracycline Cases, 107 F.R.D. 719 (W.D. Mo. 1985); 5 James Moore, Moore’s Federal Practice, § 23.21 [2] (3d ed. 1997); 7A Charles Alan Wright et al., Federal Practice & Procedure § 1760 (2d ed. 1986). A party seeking class certification is not required to state the exact number of members of the proposed class or to specifically identify each class member. 5 James Moore, Moore’s Federal Practice, § 23.22[3][b] (3d ed. 1997). Rather, the identity of class members must be readily ascertainable by reference to objective criteria such that the court can determine whether a person is a member of the class. Ferguson v. Kroger Co., supra. See also Garrish v. United Auto., Aerospace, And Agric. Implement Workers of Am., 149 F. Supp. 2d 326 (E.D. Mich. 2001); Fabricant v. Sears Roebuck, supra. Thus, the class definition in this case is sufficiently .precise and objective so that it will be administratively feasible for the trial court to ascertain whether an individual is a member of the class.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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