School Law Bulletin [serial] 15, 2 (April 1984)

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al 87. Conira Horton, 690 F.2d at 485, n. 26.
68. However, the court may order notice under Fed. R. Civ. P. 23(d)(2).
School Law BulteUn 13 absent members the opportunity to remove themselves from the class.
1. Rule 23(b)(1). Certification as a class under Rule 23(b)(1) is appropriate when the opponent of the class is required either legally or as a practical matter to treat all class members equally. The class action is used because of the difficulties that would be likely to arise as a result
... of separate actions by or against the individual members of the class. Rule 23(b)(1)(A) arises from a concern that the defendant might be required to meet incompatible stan- dards of conduct in fulfilling judgments in separate ac- tions. Rule 23(b)(1)(B) comes from a fear that separate ac- tions would present the risk that a nonclass judgment would as a practical matter conclude the class members' interests.
A few class actions in the area of education have been brought under Rule 23(b)(1). The court in R^RC*' granted certification of a defendant class under this rule, since ad- judication with respect to one member of the class of in- termediate school districts would, as a practical matter, be dispositive of the interest of those districts that were not parties to the litigation.


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