Rule 23(b)(3) permits certification where common questions predominate and a class action is superior to other methods. Members must receive the best notice practicable and the right to opt out.
It is the vehicle for classwide damages claims.
Alternative Names:
Damages Class, (b)(3) Class
Why it Matters?
The predominance and superiority requirements make this the hardest class type to certify and the one where most defense effort concentrates, since damages claims carry the exposure that matters. Notice and opt-out rights also create a practical cost the plaintiff must fund and an uncertainty about how many members will exclude themselves. Certification here is the outcome defendants work hardest to prevent.
Frequently Confused with
Related terms
Frequently asked questions
What distinguishes a 23(b)(3) class?
Why is it the hardest to certify?
