Caruso v. Celsius Insulation Resources, Inc.

101 F.R.D. 530, 1984 U.S. Dist. LEXIS 17544
CourtDistrict Court, M.D. Pennsylvania
DecidedApril 17, 1984
DocketCiv. A. No. 83-1149
StatusPublished
Cited by16 cases

This text of 101 F.R.D. 530 (Caruso v. Celsius Insulation Resources, Inc.) is published on Counsel Stack Legal Research, covering District Court, M.D. Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Caruso v. Celsius Insulation Resources, Inc., 101 F.R.D. 530, 1984 U.S. Dist. LEXIS 17544 (M.D. Pa. 1984).

Opinion

MEMORANDUM

CALDWELL, District Judge.

I. Introduction

Before the court is plaintiff Patsy Caruso’s motion for class certification pursuant to Federal Rule of Civil Procedure 23. For the reasons given in the following discussion, the motion is denied.

II. Background

The facts, as alleged and presented by the parties, evince the following scenario. Defendant Celsius Insulation Resources, Inc., (“Celsius”), manufactured urea formaldehyde foam insulation (“UFFI”), a product ultimately purchased by plaintiff. UFFI was also purchased, used by, or in some way affected members of the class plaintiff seeks to represent. The product was distributed by Celsius to installation companies which would spray, pump or blow the UFFI into the walls of structures to be treated. After installation, the UFFI purportedly “off-gases”, releasing toxic formaldehyde gas into a building for periods that may range from weeks to years. Breathing this formaldehyde gas is alleged to lead to various detrimental effects on the health even of individuals without specific pre-existing allergies. These health hazards, plaintiffs contend, lower the market value of structures with UFFI.

Problems resulting from UFFI have also purportedly led to some individuals undergoing medical examinations and vacating their homes. Furthermore, some potential plaintiffs have allegedly incurred the expense of having formaldehyde gas levels measured, and of having the UFFI removed, a process that may require tearing out exterior and interior walls.

Plaintiff Patsy Caruso purchased defendant’s UFFI for his home in September of 1977. In August of 1983, Caruso, on behalf of himself and others similarly situated, filed a complaint, which alleged negligence, strict liability, breach of warranty and intentional tort (requesting punitive damages) as its four legal premises for relief. Plaintiff’s complaint alleges that he has sustained economic losses, property damage, and personal injuries and that he runs an increased risk of future adverse effects on his health. Such health effects include eye, nose, throat and skin irritation, coughing, nausea, headaches and cancer.

Plaintiff seeks class certification and relief for costs of removal of the UFFI, costs of medical and environmental detection programs in connection with the latent injuries, punitive damages and a determination of. common liability for the personal injury claims. Plaintiff seeks certification of four classes, described as the “economic harm class” (Class I), the “personal injury class” (Class II), the “latent injury class” (Class III), and the “punitive damages class” (Class IV). Class I would encompass all individuals who live or work in or about or own property containing UFFI manufactured by defendant and who have suffered economic harm or property damage, including the cost of removal or replacement of the UFFI, and the diminution of property values. Class II would include all individuals who live or work in structures affected by defendant’s UFFI, and who have suffered presently cognizable claims for personal injury damages, psychological harms, emotional distress, and disruption of their lives. Class III would be composed of all individuals who live or work in structures affected by defendant’s UFFI and have suffered or may suffer latent injuries. The relief sought is medical detection and environmental monitoring. Class IV would overlap the other classes in that it would consist of all those in the preceding classes who have suffered harm as a result of [533]*533defendant’s UFFI, and who seek punitive damages.

III. Prerequisites to Maintaining a Class Action: Rule 23(a)

The party moving for class certification has the burden of establishing that the proposed class meets the requirements of Rule 23. Manning v. Princeton Consumer Discount Company, Inc., 533 F.2d 102 (3d Cir.), cert. denied, 429 U.S. 865, 97 S.Ct. 173, 50 L.Ed.2d 144, reh. denied, 429 U.S. 933, 97 S.Ct. 342, 50 L.Ed.2d 303 (1976). To maintain this case as a class action, Caruso must satisfy Fed.R.Civ.P. 23(a), which sets forth the following 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.

Caruso must also demonstrate he has met two implicit requirements not mentioned in the rule, that an identifiable class exists, and that the class representatives are members of the class. See In re Agent Orange Products Liability Litigation, 506 F.Supp. 762, 788 (E.D.N.Y.1980); 7 C. Wright and A. Miller, Federal Practice and Procedure §§ 1760-61. These requirements are not troublesome in the present case because Caruso’s purchase and use of UFFI evidence his membership within the broad class he seeks to represent and certainly UFFI users and/or those exposed to UFFI are an identifiable class.

In showing that Rule 23(a) is satisfied, the plaintiff must meet each of the four listed requirements. To satisfy the requirements of Rule 23(a)(1), Caruso must demonstrate that “the class is so numerous that joinder of all members is impracticable.” Plaintiff alleges that the proposed classes involve hundreds or thousands of Pennsylvanians affected by defendant’s product. Defendant argues that plaintiff’s estimates are merely conclusory. At this stage in the proceedings no greater specificity is required to establish numerosity. Hedges Enterprises, Inc. v. Continental Group, 81 F.R.D. 461, 464-65 (E.D.Pa.1979); In Re Plywood Antitrust Litigation, 76 F.R.D. 570, 578 (E.D.La.1976). Further, courts have not specified numerical limits in allowing certification for a wide range of potential class sizes, and have certified classes with as few as twenty-five members. 7 C. Wright, A. Miller and M. Kane, Federal Practice and Procedure, § 1762. We are satisfied that the precise number of purchases of defendant’s product could be rapidly discernible through limited discovery and, therefore, the numerosity requirement of Rule 23(a) has been satisfied.

Rule 23(a)(2) requires that “there are questions of law or fact common to the class.” According to 7 Wright, Miller and Kane, Federal Practice and Procedure, supra, § 1763, “Rule 23(a)(2) does not establish any quantitative or qualitative test of commonality ... [only] ... that more than one issue of law or fact must be common to members of the class.” Some cases have allowed certification without explanation, and courts generally “have given it [this requirement] a permissive application so that common questions have been found to exist in a wide range of contexts.” Id.

A careful review of the numerous cases cited to us by both parties indicates wide discretion available to the court in finding commonality.

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Bluebook (online)
101 F.R.D. 530, 1984 U.S. Dist. LEXIS 17544, Counsel Stack Legal Research, https://law.counselstack.com/opinion/caruso-v-celsius-insulation-resources-inc-pamd-1984.