Superiority

The superiority element of the class action rule has two aspects:

Whether it would be worthwhile to devote the time and attention necessary to formulate workable methods for disposing of the group claims within one representative action.
Whether the ends of justice would be properly served, even if convenient. The superiority requirement calls for a determination that a class suit would be the best way of channeling and adjudicating the claims of the class members. A class action is the superior method of adjudication when the benefits of class-wide resolution of common issues outweighs any difficulties that may arise in the management of the case.

The trial court must also determine that class action treatment is not merely available as a means of prosecuting the actions, it should be found as the superior method.

In this connection the court should inform itself of any litigation actually pending by or against the individuals. The interests of individuals in conducting separate lawsuits may be so strong as to call for denial of a class action. On the other hand: these interests may be theoretical rather than practical: the class may have a high degree of cohesion and prosecution of the action through representatives would be quite unobjectionable. The amounts at stake for individuals may be so small that separate suits would be impracticable. The burden that separate suits would impose on the party opposing the class, or upon the court calendars, may also fairly be considered. . . .

Superiority is determined measured against the possible, alternatives of joinder, intervention, the mass actions, consolidation of several separate pending actions or administrative proceeding within a relevant governmental agency. The courts have articulated several methods to meet their duty of determining superiority.

Class actions also may permit plaintiffs to pool claims which would be uneconomical to litigate individually. This lawsuit involves claims averaging about $100 per plaintiff. No plaintiffs would have a realistic day in court if a class action were not available. When it is economically infeasible for claimants to file individual damage suits, aggrieved persons may be without effective relief unless the class action device is available.

The usual rule applicable to the challenge to superiority of class method is that to require each claimant to institute a separate action to adjudicate his claim could create chaos in the courts. Such a requirement would impose a useless, wasteful and insufferable burden on the judiciary and would result in an unusual burden on the courts and taxpayers in the way of court costs and filing fees. It is just such a situation that the class action rule was designed to prevent.

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