Benevento v. Life USA Holding, Inc.

190 F.R.D. 359, 2000 U.S. Dist. LEXIS 331
CourtDistrict Court, E.D. Pennsylvania
DecidedJanuary 13, 2000
DocketNos. Civ.A. MDL 1273, 97-CV-7827, 99-CV-1911
StatusPublished
Cited by8 cases

This text of 190 F.R.D. 359 (Benevento v. Life USA Holding, Inc.) is published on Counsel Stack Legal Research, covering District Court, E.D. Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Benevento v. Life USA Holding, Inc., 190 F.R.D. 359, 2000 U.S. Dist. LEXIS 331 (E.D. Pa. 2000).

Opinion

MEMORANDUM AND ORDER

JOYNER, District Judge.

These cases, which were both assigned to this Court for coordinated and/or consolidated pre-trial proceedings by the Judicial Panel [363]*363on Multi-District Litigation, are before us now on motions for certification as a class action. For the reasons which follow, plaintiffs’ certification request will be granted.

Factual Background

These cases arose out of the plaintiffs’ purchase of “Accumulator” annuity products from the defendant, Life USA Holding, Inc. or its subsidiaries or predeeessor(s). The “Accumulator” annuity is a two-tiered, deferred annuity1 contract whereby upon the deposit of the purchaser’s premiums, a onetime “bonus” is paid on the amount deposited and interest is then credited to that increased amount. The Accumulator annuity has two values — an Annuitization value and a Cash value and, after the first year, the purchaser could elect to receive interest only payments over a five year period or defer the payment of interest until it was paid in a lump sum together with the amount of the initial investment. Contract owners who elect to withdraw their funds in a lump sum will receive the lower, cash value on their contract whereas those who choose to receive payments over a defined period of time receive the higher, annuitization value.

By these lawsuits, the plaintiffs contend that the manner in which the defendant marketed, promoted and sold the Accumulator annuities to them was fraudulent in that they were not properly advised of, inter alia, the terms and conditions governing the manner in which their funds would earn interest, how they could withdraw their funds, what would happen in the event of withdrawal or the annuities’ true interest rate and yields. In addition, plaintiffs charge that there were certain hidden penalties and/or “loads” for lump sum withdrawals.

The plaintiffs in the Benevento action fall into two categories: (1) those who, like Drew Krapf and Esther Rosenblum, purchased their Accumulator annuity policies and have not, to date, withdrawn any funds such that their principal and interest remains on deposit with the defendant company; and (2) those like Joseph Benevento, Rita Baskin, Edward Maze and Bruce Compaine who also purchased Accumulator annuities but elected to receive their funds through the minimum five-year payout period. It is unclear into which category Plaintiff Cheryl DeBasio falls. Plaintiffs claim relief under theories of breach of contract, negligent and fraudulent misrepresentation and nondisclosure, breach of good faith and fair dealing, negligence, unjust enrichment and for violations of the New Jersey Consumer Fraud Act. Plaintiffs now move for certification as a class action.

Class Action Standards

The propriety of treating a civil action as a class action is determined by Fed.R.Civ.P. 23. That Rule states, in relevant part:

(a) Prerequisites to a Class Action. One or more members of a class may sue or be sued as representative parties on behalf of all only if (1) the class is so numerous that joinder of all members is impracticable, (2) there are questions of law or fact common to the class, (3) the claims or defenses of the representative parties are typical of the claims or defenses of the class, and (4) the representative parties will fairly and adequately protect the interests of the class.
(b) Class Actions Maintainable. An action may be maintained as a class action if the prerequisites of subdivision (a) are satisfied, and in addition:
(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 [364]*364incompatible 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 disposi-tive of the interests of the other members 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 a class action.

To obtain class certification, a plaintiff must satisfy all of the requirements of Fed.R.Civ.P. 23(a) and come within one provision of Rule 23(b). Georgine v. Amchem Products, Inc., 83 F.3d 610, 624 (3rd cir.), aff'd, 521 U.S. 591, 117 S.Ct. 2231, 138 L.Ed.2d 689 (1997); Nelson v. Astra Merck, Inc., 1998 WL 737982, *1 (E.D.Pa.1998). While the Rule 23(a) prerequisites should be given a liberal rather than a restrictive construction, the requirements are mandatory and the failure to establish just one bars class certification. In Re A.H. Robins Company, 880 F.2d 709, 740 (4th Cir.), cert, denied, 493 U.S. 959, 110 S.Ct. 377, 107 L.Ed.2d 362 (1989); Rodger v. Electronic Data Systems Corporation, 160 F.R.D. 532, 535 (E.D.N.C.1995). It is the plaintiff, as the party seeking class certification, who has the burden of proving that the class should be certified. Freedman v. Arista Records, 137 F.R.D. 225, 227 (E.D.Pa.1991), citing Davis v. Romney, 490 F.2d 1360, 1366 (3rd Cir. 1974).

The decision concerning class certification is committed to the broad discretion of the district court. While the Court should not consider the merits of the case and must assume the truth of the allegations contained in the complaint, it must nevertheless look beyond the bald allegations in the complaint in determining whether the requirements of Rule 23 have been satisfied. Medicare Beneficiaries Defense Fund v. Empire Blue Cross/Blue Shield, 938 F.Supp. 1131, 1139 (E.D.N.Y.1996); W.P. v. Poritz, 931 F.Supp. 1187, 1192 (D.N.J.1996), rev’d on other grounds, 119 F.3d 1077 (3rd Cir.1997);

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Bluebook (online)
190 F.R.D. 359, 2000 U.S. Dist. LEXIS 331, Counsel Stack Legal Research, https://law.counselstack.com/opinion/benevento-v-life-usa-holding-inc-paed-2000.