§ Rule 1709 Criteria for Certification Determination of Fair and Adequate Representation

Codes > Pennsylvania Rules of Civil Procedure > Class Actions > Rule 1709

Rule 1709. Criteria for Certification. Determination of Fair and Adequate Representation

    In determining whether the representative parties will fairly and adequately assert and protect the interests of the class, the court shall consider among other matters

    (1) whether the attorney for the representative parties will adequately represent the interests of the class,

    (2) whether the representative parties have a conflict of interest in the maintenance of the class action, and

    (3) whether the representative parties have or can acquire adequate financial resources to assure that the interests of the class will not be harmed.