(b)(1) The prosecution ofseparate actions by or against individual members of the class would create arisk of:
(b)(1)(A) inconsistent or varyingadjudications with respect to individual members of the class which wouldestablish incompatible standards of conduct for the party opposing the class,or
(b)(1)(B) adjudications withrespect to individual members of the class which would as a practical matter bedispositive of the interests of the other members not parties to theadjudications or substantially impair or impede their ability to protect theirinterests; or
(b)(2) The party opposing theclass has acted or refused to act on grounds generally applicable to the class,thereby making appropriate final injunctive relief or corresponding declaratoryrelief with respect to the class as a whole; or
(b)(3) The court finds that thequestions of law or fact common to the members of the class predominate overany questions affecting only individual members, and that a class action issuperior to other available methods for the fair and efficient adjudication ofthe controversy. The matters pertinent to the findings include: (A) theinterest of members of the class in individually controlling the prosecution ordefense of separate actions; (B) the extent and nature of any litigationconcerning the controversy already commenced by or against members of the class;(C) the desirability or undesirability of concentrating the litigation of theclaims in the particular forum; (D) the difficulties likely to be encounteredin the management of a class action.
(c)(1) As soon as practicableafter the commencement of an action brought as a class action, the court shalldetermine by order whether it is to be maintained. An order under this subdivisionmay be conditional, and may be altered or amended before the decision on themerits.
(c)(2) In any class actionmaintained under Subdivision (b)(3), the court shall direct to the members ofthe class the best notice practicable under the circumstances, includingindividual notice to all members who can be identified through reasonableeffort. The notice shall advise each member that (A) the court will exclude himfrom the class if he so requests by a specified date; (B) the judgment, whetherfavorable or not, will include all members who do not request exclusion; and(C) any member who does not request exclusion may, if he desires, enter anappearance through his counsel.
(c)(3) The judgment in an actionmaintained as a class action under Subdivision (b)(1) or (b)(2), whether or notfavorable to the class, shall include and describe those whom the court findsto be members of the class. The judgment in an action maintained as a classaction under Subdivision (b)(3), whether or not favorable to the class, shallinclude and specify or describe those to whom the notice provided inSubdivision (c)(2) was directed, and who have not requested exclusion, and whomthe court finds to be members of the class.
(c)(4) When appropriate (A) anaction may be brought or maintained as a class action with respect toparticular issues, or (B) a class may be divided into subclasses and eachsubclass treated as a class, and the provisions of this rule shall then beconstrued and applied accordingly.