Will Ninth Circuit Class Actions Force Resolution of Ascertainability Circuit Split? By David E. Sellinger & Aaron Van Nostrand on August 31, 2016 Posted in Class Action Litigation, Litigation “Ascertainability” in the context of civil litigation involves the identification of individuals who qualify for membership in a putative class action. Although not an explicit requirement under Rule 23, since … Continue Reading Will Ninth Circuit Class Actions Force Resolution of Ascertainability Circuit Split?