Sixth Circuit Decertifies 23(b)(2) Class Based on Individual Claims for Money Damages

The Sixth Circuit has decertified a class previously certified under Rule 23(b)(2) because of the money damages sought by the plaintiffs. In Reeb v. Ohio Dep't of Rehab. and Corr., (6th Cir. 2006), Judge Alice M. Batchelder wrote, "Title VII [of the 1964 Civil Rights Act] cases in which plaintiffs seek individual compensatory damages are not appropriately brought as class actions under Rule 23(b)(2) because such individual claims for money damages will always predominate over requested injunctive or declaratory relief."

BNA's Class Action Litigation Report has a full story on the case here.