Numerosity – Paul Mollica's Federal Courts Blog

Seventh Circuit Endorses 40-Person Rule of Thumb for Rule 23 Numerosity, Holds That 37 Was Too Few

In Anderson v. Weinert Enterprises Inc., No. 20-1030 (7th Cir. Jan. 28, 2021), the panel affirms denial of class certification under Fed. R. Civ. P. 23, where the proposed class fell below the 40-person threshold normally considered the standard for numerosity. The putative class was a state-law wage-and-hour case against a roofing company in northeastContinue reading “Seventh Circuit Endorses 40-Person Rule of Thumb for Rule 23 Numerosity, Holds That 37 Was Too Few”