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Class Action Suits for Damages and Injunctions Discussed

When class plaintiffs seek both equitable relief and money damages, class certification must be done under Rule 23(b)(3), with its individualized notice and opt-out provisions, unless the damages are "incidental" to the equitable relief. (This holding appears to refer to class damage suits and not just suits for damages for the named plaintiffs.) A court could also certify the injunctive claims under Rule 23(b)(2) and the damage claims under Rule 23(b)(3).

In a class action that joins damages and injunctive claims, the damage claims must be tried first to preserve the right to jury trial.

Named plaintiffs and their counsel act as fiduciaries for absent class members in a suit under Rule 23(b)(2). See: Jefferson v. Ingersoll Intern., Inc., 195 F.3d 894 (7th Cir. 1999).

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Related legal case

Jefferson v. Ingersoll Intern., Inc.