Legal Opinion · Dissent

Bell v. Beneficial Consumer Discount Co.

Superior Court of Pennsylvania

Decided November 14, 1974No. Appeal, No. 504Published

1Dissent

Dissenting Opinion by

Spaeth, J.,

The question presented by this appeal is whether an order dismissing a class action is interlocutory or final. The majority of the court has ordered the appeal quashed, and has denied a petition to reconsider its order, without explanatory opinion. I regret and respectfully dissent from this action. My reasons may be summarized as follows:

In certain cases, particularly consumer protection, securities, and civil rights cases, class actions are essential to the vindication of individual rights. In view of this fact, whether an order dismissing a class action is…

2Cases cited43 opinions

  1. Cohen v. Beneficial Industrial Loan Corp.Supreme Court of the United States · 1949
  2. J. I. Case Co. v. BorakSupreme Court of the United States · 1964
  3. Snyder v. HarrisSupreme Court of the United States · 1969
  4. Commonwealth v. BosurgiSupreme Court of Pennsylvania · 1963
  5. Daar v. Yellow Cab Co.California Supreme Court · 1967

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