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Notice to Class Inadequate, Collusion Between Parties Voids Settlement
Class actions seeking damages may be certified under Rule 23(b)(2), but
only if the damage claims are "incidental to the primary claims for
injunctive or declaratory relief." (1165) That rule is a requirement of
due process, since class members are bound by the judgment with no right to
opt out. ...
only if the damage claims are "incidental to the primary claims for
injunctive or declaratory relief." (1165) That rule is a requirement of
due process, since class members are bound by the judgment with no right to
opt out. ...
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