by admin | May 14, 2021 | Civil Procedure, Pennsylvania
The Federal Rules contain no specific criteria for determining the adequacy of representation by the representative parties or their attorneys. Rule 1709 is based on Federal case law and Section 3(b) of the Uniform Class Action Act approved by the Uniform...
by admin | May 14, 2021 | Civil Procedure, Pennsylvania
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...
by admin | May 14, 2021 | Civil Procedure, Pennsylvania
A hearing on certification of the action as a class action is mandatory in all cases. The plaintiff has the burden of moving for a certification hearing. The motion must be filed within 30 days after the pleadings are closed or within 30 days after the last required...
by admin | May 14, 2021 | Civil Procedure, Pennsylvania
Any defendant or additional defendant may only join as an additional defendant any person not a party to the action, or may assert a cross-claim against another party to the action, who may be(1) solely liable on the plaintiff’s cause of action, or(2) liable...
by admin | May 14, 2021 | Civil Procedure, Pennsylvania
In all actions the averments of fact under “Class Action Allegations” shall be deemed admitted unless denied in conformity with Rule 1029.231 Pa. Code ยง 1706
by admin | May 14, 2021 | Civil Procedure, Pennsylvania
The defendant may file any applicable preliminary objections either to the class action allegations or to the underlying merits of the class action claims or to both. As stated above, he may not use preliminary objections to raise issues of fact with respect to the...
Recent Comments