Rule 23(b)(1) is the forgotten stepchild in Rule 23 jurisprudence. Rule 23(b)(3) gets attention because it’s where the money is. Rule 23(b)(2) is essential to civil rights groups seeking injunctions, and drew attention from plaintiffs’ lawyers seeking an end-run around what they viewed as Rule 23(b)(3)’s more stringent requirements. But case law on Rule 23(b)(1)(A)

Rule 23(b)(1) covers zero-sum games, situations where finding in favor of one class member would necessarily require finding against another class member later. This can be either because one class member would receive rights that would infringe on another’s rights (like in riparian rights cases), or because the damages fund is limited, so that