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Under Rule 23(b)(3), the unnamed members of the class may elect to opt out. This type of class action suit involves predominant questions. The decision to opt out must be made before there is a decision on the merits. When a party opts out of a class action suit in federal court, the statute of limitations begins to run again. Opt out provisions for Rule (b)(1) and (b)(2) class actions: Opt out is permissive under these types of class action suits. If there are monetary claims associated with these types of class actions, the denial to opt out would be an abuse of discretion. Opt outs may not claim collateral estoppel in their cases from a victory won by the class from which they left. If the opt outs could claim collateral estoppel, that would be equivalent to one way intervention.

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