COPE ET AL., APPELLANTS,
v.
METROPOLITAN LIFE INSURANCE COMPANY ET AL., APPELLEES.
Supreme Court of Ohio.https://leagle.com/images/logo.png
Submitted February 17, 1998.
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.
Supreme Court of Ohio.
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...
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