Third Circuit -- Franklin Benjamin v. PA Department of Public Welfare

Where a 23(b)(2) certified class, by its terms, excludes those otherwise qualified but who do not seek the asked-for remedy, the excluded parties can intervene as a matter of right at the remedy stage of the litigation where the remedy imperils a cognizable interest of theirs.

Timely motion to intervene on a Settlement Agreement can relate back to establish timeliness for a class certification intervention where the composition of the class is not fixed.

Interests of the parties as an element of adequacy of representation can shift between liability stage and remedy stage.

Franklin Benjamin v. PA Department of Public Welfare