Which Rule 23(b) type is designed for predominance and superiority?

Which Rule 23(b) type is designed for predominance and superiority?

• A. 23(b)(1) requires no class questions and 23(b)(2) allows injunctive or declaratory relief; 23(b)(3) requires predominance and superiority.
• B. 23(b)(1) requires predominance.
• C. 23(b)(2) requires predominance.
• D. 23(b)(3) has no requirement.

Answer: (C)

In this context, certification under Rule 23(b)(3) is designed for predominance and superiority. This category requires that the questions common to all class members predominate over any individual issues, and that a class action be the superior method for fairly and efficiently adjudicating the claims compared to many separate lawsuits. The other Rule 23(b) types serve different purposes—one focuses on avoiding inconsistent outcomes or prejudice and usually involves injunctive or declaratory relief, while the other types do not center on predominance and superiority.

In this context, certification under Rule 23(b)(3) is designed for predominance and superiority. This category requires that the questions common to all class members predominate over any individual issues, and that a class action be the superior method for fairly and efficiently adjudicating the claims compared to many separate lawsuits. The other Rule 23(b) types serve different purposes—one focuses on avoiding inconsistent outcomes or prejudice and usually involves injunctive or declaratory relief, while the other types do not center on predominance and superiority.