Cope v. Metropolitan Life Insurance

The issue presented is whether the trial court abused its discretion in denying class certification on the basis that appellants failed to satisfy Civ.R. 23(B)(3)’s requirement of predominance and superiority.2 For the reasons that follow, we hold that the trial court abused its discretion in failing to give adequate consideration to whether the asserted claims are susceptible of class-wide proof, thereby obviating the need for separate adjudications.

Recently, the United States Supreme Court declared that “[predominance is a test readily met in certain cases alleging consumer or securities…