Sixth Circuit Holds That Ascertainability Not a Requirement in Rule 23(B)(2) Class Actions

On October 17, 2016, in a case of first impression, the Sixth Circuit held that ascertainability is not a requirement in Federal Rule of Civil Procedure 23(b)(2) class actions.  The Sixth Circuit joined three other Circuits and reasoned that because there is no notice requirement in Rule 23(b)(2) class actions seeking injunctive or declaratory relief, the precise identity of each class member need not be ascertained. Continue reading “Sixth Circuit Holds That Ascertainability Not a Requirement in Rule 23(B)(2) Class Actions”