An action may be maintained as a class action if the prerequisites of Section 9-7 are satisfied, and in addition:
Section 9-8.—Class Actions Maintainable
Current through August 12, 2025 (2026 Practice Book edition) · Last verified July 9, 2026
In one sentenceBeyond meeting the four threshold requirements in Section 9-7, a Connecticut class action must also fit one of three categories: separate lawsuits risk conflicting rulings, the opposing party acted on grounds applying to the whole class, or common questions predominate and a class action is the superior approach.
Full Text of Section 9-8
(1) the prosecution of separate actions by or against individual members of the class would create a risk of: (A) inconsistent or varying adjudications with respect to individual members of the class which would establish incompatible standards of conduct for the party opposing the class; or (B) adjudications with respect to individual members of the class which would, as a practical matter, be dispositive of the interests of the other members who are not parties to the adjudications or substantially impair or impede their ability to protect their interests; or
(2) the party opposing the class has acted or refused to act on grounds generally applicable to the class, thereby making appropriate final injunctive relief or corresponding declaratory relief with respect to the class as a whole; or
(3) the court finds that the questions of law or fact common to the members of the class predominate over any questions affecting only individual members and that a class action is superior to other available methods for the fair and efficient adjudication of the controversy. The matters pertinent to the findings include: (A) the interest of members of the class in individually controlling the prosecution or defense of separate actions; (B) the extent and nature of any litigation concerning the controversy already commenced by or against members of the class; (C) the desirability or undesirability of concentrating the litigation of the claims in the particular forum; (D) the difficulties likely to be encountered in the management of class action.
Amendment History
(P.B. 1978-1997, Sec. 88.) (Amended June 22, 2009, to take effect Jan. 1, 2010.)
Plain-English Summary
Section 9-8 builds on the four prerequisites in Section 9-7 by requiring the case to fit at least one of three additional categories. The first applies when handling claims separately would risk inconsistent rulings that create incompatible standards of conduct for the opposing party, or would risk rulings that, as a practical matter, dispose of other members’ interests or substantially impair their ability to protect those interests. The second applies when the opposing party has acted or refused to act on grounds that apply to the class as a whole, making class-wide injunctive or declaratory relief appropriate.
The third category applies when the court finds that common questions of law or fact predominate over questions affecting only individual members, and that a class action is superior to other available ways of resolving the dispute. In weighing this third category, the court looks at class members’ interest in controlling their own separate lawsuits, any related litigation already underway, whether concentrating the case in one forum is desirable, and the difficulties likely to arise in managing a class action.
Frequently Asked Questions
What are the three categories a case can fit under Section 9-8?
A risk of inconsistent adjudications or rulings that would effectively bind absent members; conduct by the opposing party applicable to the whole class that makes class-wide injunctive or declaratory relief appropriate; or predominance of common questions combined with superiority of the class-action format.
What is the predominance and superiority category under Section 9-8?
It applies when the court finds that questions common to the class outweigh questions affecting only individual members and that a class action is the better way to resolve the dispute than other available methods.
Can a class action proceed just to stop a defendant’s ongoing conduct?
Yes, under the second category, if the opposing party acted or refused to act on grounds that apply to the class as a whole, making class-wide injunctive or declaratory relief appropriate.
What does the court weigh when deciding whether a class action is superior?
Section 9-8 lists class members’ interest in controlling their own suits, existing related litigation, whether one forum is desirable for the claims, and the difficulties likely in managing the class action.
Source & verification. The section text is reproduced verbatim from the
official Connecticut Practice Book (Conn. Practice Book § 9-8). Prescribed by the Judges of the Superior Court of Connecticut (Conn. Gen. Stat. Section 51-14). The plain-English summary is original and written by us. Last verified July 9, 2026. ·
Official source
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