Dunn v. Santa Fe Natural Tobacco Co.

On July 29, 2026, The Tenth Circuit held that administrative feasibility is not a freestanding prerequisite under Rule 23. Instead, the court treated it as one factor to be weighed in the predominance and superiority analyses. The panel affirmed certification of the menthol classes and reversed the district court’s denial of certification for the broader Natural American Spirit classes, remanding for further proceedings. The decision was a setback for WLF, which filed an amicus brief explaining how a robust ascertainability requirement protects the due-process rights of both plaintiffs and defendants.