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Injunctive Relief Class Action Ascertainable Class

Benesch

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

Benesch on

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...more

Carlton Fields

Third Circuit: Strict Ascertainability Optional for Rule 23(B)(2) Class

Carlton Fields on

Although not explicitly set forth in Rule 23, an essential prerequisite of any action under Rule 23 is that there must be an identifiable “class” at the moment of certification. The shorthand term commonly used to refer to...more

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