C. The Remedy Requested Will Control the Class Action Procedure Utilized in Every Case

• Library: South Carolina Damages (SCBar) (2009 Ed.)

C. The Remedy Requested Will Control the Class Action Procedure Utilized in Every Case

Before the issue of damages can be addressed in a class action context, a class must be certifiable under Rule 23, SCRCP. Proponents of class certification bear the burden of demonstrating all requisite elements of Rule 23 have been met.¹¹ South Carolina courts will carefully review the underlying facts and legal theories to assure the prerequisites of Rule 23(a) have been satisfied. However, "[a] trial judge's ruling on whether an action is properly maintainable as a class action is within the court's discretion."¹² "A court may not look to the merits when determining whether to certify a class."¹³

The...