Federal Rule of Civil Procedure 23(b) Types of Class Actions

Federal Rule of Civil Procedure 23(b) Types of Class Actions

Definition

There are three types of class actions in Rule 23(b): first, 23(b)(1) “prejudice class actions” for cases in which an individual action could create prejudice that a mandatory class action would avoid; second, 23(b)(2) “injunctive/declarative relief class actions” in which only injunctive or declaratory relief is sought; and third, “damages class actions” in which damages are sought. Different notice rules apply to the different types of class actions, and only putative class members of 23(b)(3) classes may “opt out” of the class action and pursue individual claims.

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