IN RE TYCO INT'L, LTD. MULTIDISTRICT LITIGATION (MDL 1335)

5 Citing cases

  1. Clough v. Revenue Frontier, LLC

    2019 DNH 96 (D.N.H. 2019)   Cited 9 times

    By contrast, a class representative's claims are not typical "if they may be subject to unique defenses that would divert attention from the common claims of the class, or if factual differences predominate to the extent where the court must make highly fact-specific or individualized determinations in order to establish a defendant's liability to each class member." In re Tyco Int'l, Ltd., 2006 DNH 091, 2006 WL 2349338, at *2 (D.N.H. Aug. 15, 2006) (internal quotation marks and citations omitted). Clough's claim is based on the same legal theory that members of the putative class will use, namely that the defendants violated the TCPA by sending an unauthorized auto-dialed text message to a wireless number.

  2. IN RE YRC WORLDWIDE, INC. ERISA LITIGATION

    Case No. 09-2593-JWL (D. Kan. Apr. 6, 2011)   Cited 6 times
    Finding a Rule 23(b) class would not be certified where plaintiffs' "conclusory" submissions failed to "identify any particular injunctive relief with sufficient specificity" or detail because plaintiffs simply requested the court enjoin further violations of ERISA and any other "appropriate equitable or injunctive relief"

    See Hochstadt, 708 F. Supp. 2d at 104 n. 11 (finding certification inappropriate under Rule 23(b)(1)(A) in § 502(a)(2) context because plaintiff sought only monetary damages and no "standards of conduct" were implicated by that remedy); Johnson v. Geico Cas. Co., 673 F. Supp. 2d 255, 270 (D. Del. 2009) ("Certification under Rule 23(b)(1)(A) is generally inappropriate where the primary relief sought is monetary damages."); In re Tyco Int'l, Ltd., 2006 WL 2349338, at *3 n. 1 (D.N.H. Aug. 15, 2006) (same). To be sure, plaintiffs highlight several district court cases that, unlike the cases referenced above but in analogous contexts, have certified proposed classes under Rule 23(b)(1)(A).

  3. IN RE YRC WORLDWIDE, INC. ERISA LITIGATION

    Case No. 09-2593-JWL (D. Kan. Oct. 29, 2010)   Cited 4 times

    As noted by plaintiffs, however, the Supreme Court has permitted reliance to be presumed in alleging a failure to disclose in the securities fraud context, see Affiliated Ute Citizens of Utah v. United States, 406 U.S. 128, 153-54 (1972), and some courts have applied that holding also in the ERISA failure-to-disclose context. See Nauman v. Abbott Labs., 2007 WL 1052478, at *2 (N.D. Ill. Apr. 3, 2007); In re Tyco Int'l, Ltd., 2006 WL 2349338, at *6 (D.N.H. Aug. 15, 2006). Defendants have not offered any reasons why the Tenth Circuit would not also apply Affiliated Ute in an ERISA case; in fact, defendants did not address that case at all in its reply brief.

  4. Guardian Angel Credit Union v. Metabank

    Case No. 08-cv-261-PB, Opinion No. 2009 DNH 119 (D.N.H. Aug. 12, 2009)   Cited 1 times

    Thus, there is little risk that MetaBank could be subject to inconsistent court orders if the cases are tried separately. Certification under Rule 23(b)(1)(A) ordinarily is not warranted in such cases. See In re Tyco Int'l, Ltd., 2006 WL 2349338, at *3 n. 1 (D.N.H. Aug. 15, 2006). Rule 23(b)(1)(B) is also inapplicable because this is not a "common fund" action in which the claimants are attempting to recover against a defendant with insufficient assets to satisfy all possible claimants.

  5. Carrier v. Am. Bankers Life Assurance Co. of Fla.

    Civil No. 05-cv-430-JD, Opinion No. 2008 DNH 031 (D.N.H. Feb. 1, 2008)

    In this district, the court has held that class representatives need not have expert knowledge of the subject matter of the suit, may rely on class counsel for guidance, and need not be subjectively interested in the case, as long as the representatives have not virtually abdicated control of the case to counsel. In re Tyco Int'l, Ltd., 2006 WL 2349338 at *2 (D.N.H. Aug. 15, 2006). A class representative is expected to maintain sufficient involvement in the case to protect the class against counsel's possibly competing or conflicting interests.