Rule 23(b)(2) permits certification where the defendant acted or refused to act on grounds generally applicable to the class, making final injunctive or declaratory relief appropriate for the class as a whole.
It requires neither predominance nor superiority and provides no notice or opt-out rights.
Alternative Names:
Injunctive Class, (b)(2) Class
Why it Matters?
The absence of notice and opt-out rights makes this the preferred vehicle for plaintiffs where it is available, since members are bound without any opportunity to exclude themselves. Dukes limited that path by holding that monetary relief is not available under 23(b)(2) unless incidental to injunctive relief. Challenging a proposed injunctive class that functionally seeks money is a standard and frequently successful defense.
Frequently Confused with
Related terms
Frequently asked questions
Why do plaintiffs prefer 23(b)(2) certification?
Can monetary relief be sought?
