A common question new students of Rule 23(b)(2) ask is why it exists at all. After all, if an injunction truly offers indivisible relief, why would one seek to bring it on behalf of a class? Wouldn’t the individual pursuing the injunction get relief for the class if she wins just by bringing the lawsuit in the first place?
There is an answer to this question, and it is one that has its roots in the desegregation era. When blacks seeking desegregation orders sued for injunctions, they did so on behalf of a class to avoid the problem of … Continue Reading