Legal Opinion
McCarthy v. Mize
Commonwealth Court of Pennsylvania
Decided August 15, 1984No. Appeal, No. 742 C.D. 1983PublishedCited by 1 opinion
1Opinion of the Court
Opinion by
Judge Craig,
Kevin McCarthy, a taxpayer of the Borough of Kennett Square seeking to represent all other taxpayers, appeals from a Chester County Common Pleas Court order denying his petition for class action certification.
We must decide if the common pleas court abused its discretion1 by determining that Mr. McCarthy’s petition failed to satisfy the following prerequisites for certification under Pa. R.O.P. No. 1702: (1) commonality, (2) typicality, (3) adequacy of representation, and (4) fairness and efficiency. Although we have determined that the court erred in concluding that Mr.…
2Cases cited6 opinions
- Janicik v. Prudential Insurance Co. of AmericaSuperior Court of Pennsylvania · 1982
- Klemow v. Time IncorporatedSupreme Court of Pennsylvania · 1976
- Ablin, Inc. v. Bell Tel. Co. of Pa.Superior Court of Pennsylvania · 1981
- Sica v. City of PhiladelphiaCommonwealth Court of Pennsylvania · 1983
- Cox v. City of ChesterCommonwealth Court of Pennsylvania · 1983
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Katzen v. KaroleskiCommonwealth Court of Pennsylvania · 1985