Class Certification: Litigating Numerosity and Rediscovering the Text of Rule 23

A live 90-minute CLE webinar with interactive Q&A

Wednesday, December 9, 2020

1:00pm-2:30pm EST, 10:00am-11:30am PST

Early Registration Discount Deadline, Friday, November 20, 2020

or call 1-800-926-7926

This CLE webinar will examine the split among federal courts about the proper way to determine if a putative class is “so numerous that joinder is impracticable.” In determining numerosity, several courts have analyzed the wrong issue—whether separate lawsuits are practicable—and the arguments of many litigants have not corrected this mistake. This webinar’s presenters will guide counsel in how to recognize when courts or opposing counsel may be missing or mis-explaining the key arguments for or against numerosity, what practical steps can be taken to redirect all participants to the proper analysis, and why it matters.


Class certification requires that the putative class be so numerous that joinder is impracticable. Courts and litigants, however, have been analyzing and have created multi-factored tests to answer a different question: whether the class is so numerous that separate, individual suits are impracticable.

Counsel for plaintiffs and defendants can benefit from re-examining the text of Rule 23(a)(1) so that the numerosity element is analyzed properly to preserve the balance struck in Rule 23.

Litigators must understand the current state of the law, the current arguments being made for and against numerosity, and how to develop the factual and legal support to demonstrate or challenge numerosity the right way so that the court can make the right decision about practicability of joinder.

Listen as our panel of class action litigators from Gibson, Dunn & Crutcher discusses how to effectively analyze and argue numerosity, including a hypothetical case and mock oral argument.



  1. Current state of law on numerosity
    1. Text of Fed. R. Civ. P. 23(a)(1)
    2. Courts’ multi-factored analyses of numerosity
  2. Litigating numerosity
    1. Counting the putative class
      1. Members that already sued
      2. Related members
    2. Litigating the impracticability factors
      1. Relative efficiency of individual, joined, or class action
      2. Geographic dispersion
      3. Plaintiffs’ litigation costs
  3. Mock oral argument at class certification hearing


The panel will examine these and other critical issues:

  • The text of Rule 23(a)(1)
  • Debates over the number of members actually in the putative class
  • The multi-factor tests courts use to analyze practicability of joinder
  • Application and misapplication of the multi-factor tests
  • Tips for developing the facts and law to satisfy or to challenge numerosity
  • The future of litigating numerosity


Johnson, Ashley
Ashley E. Johnson

Of Counsel
Gibson Dunn & Crutcher

Ms. Johnson practices in the firm’s Appellate and Constitutional Law, Litigation, and Antitrust and Competition...  |  Read More

Myers, Lauren
Lauren Myers

Gibson Dunn & Crutcher

Ms. Myers is a litigation associate in the New York office of Gibson, Dunn & Crutcher.

 |  Read More
Rawicki, Bennett
Bennett Rawicki

Gibson Dunn & Crutcher

Mr. Rawicki specializes in antitrust, consumer protection, and constitutional law, but has helped clients with issues...  |  Read More

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