Pennsylvania Code
Title 231 - RULES OF CIVIL PROCEDURE
Part I - GENERAL
Chapter 1700 - CLASS ACTIONS
Rule 1708 - Criteria for Certification. Determination of Class Action as Fair and Efficient Method of Adjudication
Universal Citation: 231 PA Code ยง 1708
Current through Register Vol. 54, No. 12, March 23, 2024
In determining whether a class action is a fair and efficient method of adjudicating the controversy, the court shall consider among other matters the criteria set forth in subdivisions (a), (b) and (c).
(a) Where monetary recovery alone is sought, the court shall consider
(1) whether common
questions of law or fact predominate over any question affecting only
individual members;
(2) the size of
the class and the difficulties likely to be encountered in the management of
the action as a class action;
(3)
whether the prosecution of separate actions by or against individual members of
the class would create a risk of
(i)
inconsistent or varying adjudications with respect to individual members of the
class which would confront the party opposing the class with incompatible
standards of conduct;
(ii)
adjudications with respect to individual members of the class which would as a
practical matter be dispositive of the interests of other members not parties
to the adjudications or substantially impair or impede their ability to protect
their interests;
(4) the
extent and nature of any litigation already commenced by or against members of
the class involving any of the same issues;
(5) whether the particular forum is
appropriate for the litigation of the claims of the entire class;
(6) whether in view of the complexities of
the issues or the expenses of litigation the separate claims of individual
class members are insufficient in amount to support separate actions;
(7) whether it is likely that the amount
which may be recovered by individual class members will be so small in relation
to the expense and effort of administering the action as not to justify a class
action.
(b) Where equitable or declaratory relief alone is sought, the court shall consider
(1) the criteria set forth in subsections (1)
through (5) of subdivision (a), and
(2) whether the party opposing the class has
acted or refused to act on grounds generally applicable to the class, thereby
making final equitable or declaratory relief appropriate with respect to the
class.
(c) Where both monetary and other relief is sought, the court shall consider all the criteria in both subdivisions (a) and (b).
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