Amchem Products, Inc. v. Windsor

In Amchem Products, Inc. v. Windsor, 521 U.S. 591 (1997), the United States Supreme Court observed that "Fed. R. Civ. P. 23(b)(2) permits class actions for declaratory or injunctive relief where 'the party opposing the class has acted or refused to act on grounds generally applicable to the class.' Civil rights cases against parties charged with unlawful, class-based discrimination are prime examples." Id. at 614 (quoting Fed. R. Civ. P. 23 advisory committee's notes)). By contrast, "Rule 23(b)(3) permits certification where class suit 'may nevertheless be convenient and desirable.'" Id. (quoting Fed. R. Civ. P. 23 advisory committee's notes) Thus, Rule 23(b)(3) classes were designed to allow groups of people who had individually suffered only minimal damages to be vindicated "'by aggregating the relatively paltry potential recoveries into something worth someone's (usually an attorney's) labor.'" Id. at 617.