COPE v. METRO. LIFE INS. CO.

No. 97-567.

82 Ohio St.3d 426 (1998)

COPE ET AL., APPELLANTS, v. METROPOLITAN LIFE INSURANCE COMPANY ET AL., APPELLEES.

Supreme Court of Ohio.

Decided July 29, 1998.


Attorney(s) appearing for the Case

Murray & Murray and John T. Murray; McLaughlin, McNally & Carlin and Clair M. Carlin; Specter, Specter, Evans & Manogue, P.C., Howard A. Specter, David J. Manogue and Joseph N. Kravec, Jr.; Malakoff, Doyle & Finberg, P.C., Michael P. Malakoff and James M. Pietz, for appellants.

Porter, Wright, Morris & Arthur, Adele E. O'Conner, Patrick J. Smith and Charles C. Warner, Yeagley, Roberts & Kirkland and Robert C. Roberts, for appellees.

Waite, Schneider, Bayless & Chesley, Co., L.P.A., and Louise M. Roselle, urging reversal for amicus curiae, Ohio Academy of Trial Lawyers.

Vorys, Sater, Seymour & Pease, F. James Foley and Richard M. Rolwing, urging affirmance for amici curiae, Ohio Association of Life Underwriters and Association of Ohio Life Insurance Companies.

Jones, Day, Reavis & Pogue, Stephen Goodman, Carol M. Stapleton and Harry I. Johnson III, urging affirmance for amicus curiae, American Council of Life Insurance.


ALICE ROBIE RESNICK, J.

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...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases