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  1. #1
    Join Date
    Jan 2014

    Default Will a Punitive Damages Demand Prevent Class Action Certification Under FRCP 23(B)(2)

    My question involves civil rights in the State of: MA
    Civil rights violations. Filing a class action suit in federal court for injunctive and declaratory relief only. Will demand for punitive damages preclude certification under 23(b)(2)? I would appreciate short reply and web links / references to sources of law.

  2. #2
    Join Date
    Sep 2005
    Behind a Desk

    Default Re: Will a Punitive Damages Demand Prevent Class Action Certification Under FRCP 23(B

    Any claim that demands punitive damages would have to be incidental to the claim for injunctive relief. See, e.g., Ellis v. Costco Wholesale Corp., 657 F.3d 970 979-80 (9th Cir. 2011).

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