sought and of the defenses to those are substantially similar to all class members; and (c) that a class action is superior to other available methods for the fair and efficient adjudication of the controversy. Factors to be considered are: (i) the interest of members of the class in individually controlling the prosecution or defense of separate actions; (ii) the extent, nature, and maturity of any litigation concerning the controversy already commenced by or against members of the class; (iii) whether it is probable that the amount which may be recovered by individual class members will be large enough in relation to the expense and effort of administering the action to justify maintaining the case as a class action; (iv) the desirability or undesirability of concentrating the litigation of the claims in the particular forum; (v) the difficulties likely to be encountered in the management of a class action; and (vi) the extent to which the allegations at issue are subject to the jurisdiction of federal or state regulatory agencies. (C)(1) As soon as practicable after the commencement of an action brought as a class action, the court shall, after a hearing, determine by order whether it is to be maintained as a class action. An order issued pursuant to this subsection may be altered, amended, or withdrawn at any time before the decision on the merits. A court shall not certify that an action may be maintained as a class action unless the proponents proffer clear and convincing evidence that the action complies with all requirements for certification. Any doubt as to whether this burden has been met shall be resolved in favor of denying class certification. The court shall decertify a class action upon any showing that an action has ceased to satisfy the applicable requirements for maintaining the case as a class action. (2) If the court finds that the action should be maintained as a class action, it shall certify the action by a written order setting forth the basis for the specific findings as to how the class action meets the requirements of this section. (3) There shall be a rebuttable presumption against the maintenance of a class action as to claims for which class members would have to prove knowledge, reliance, or causation on an individual basis. (4) The determination that an action may be maintained as a class action shall not relieve any member of the class from the
sought and of the defenses to those are substantially similar to all class members; and (c) that a class action is superior to other available methods for the fair and efficient adjudication of the controversy. Factors to be considered are: (i) the interest of members of the class in individually controlling the prosecution or defense of separate actions; (ii) the extent, nature, and maturity of any litigation concerning the controversy already commenced by or against members of the class; (iii) whether it is probable that the amount which may be recovered by individual class members will be large enough in relation to the expense and effort of administering the action to justify maintaining the case as a class action; (iv) the desirability or undesirability of concentrating the litigation of the claims in the particular forum; (v) the difficulties likely to be encountered in the management of a class action; and (vi) the extent to which the allegations at issue are subject to the jurisdiction of federal or state regulatory agencies. (C)(1) As soon as practicable after the commencement of an action brought as a class action, the court shall, after a hearing, determine by order whether it is to be maintained as a class action. An order issued pursuant to this subsection may be altered, amended, or withdrawn at any time before the decision on the merits. A court shall not certify that an action may be maintained as a class action unless the proponents proffer clear and convincing evidence that the action complies with all requirements for certification. Any doubt as to whether this burden has been met shall be resolved in favor of denying class certification. The court shall decertify a class action upon any showing that an action has ceased to satisfy the applicable requirements for maintaining the case as a class action. (2) If the court finds that the action should be maintained as a class action, it shall certify the action by a written order setting forth the basis for the specific findings as to how the class action meets the requirements of this section. (3) There shall be a rebuttable presumption against the maintenance of a class action as to claims for which class members would have to prove knowledge, reliance, or causation on an individual basis. (4) The determination that an action may be maintained as a class action shall not relieve any member of the class from the
350_20090129.docx