Robert a Bussian James J Keating v. Rjr Nabisco Incorporated

KING, Chief Judge:

Plaintiffs-Appellants Robert A. Bussian and James J. Keating appeal from the district court’s grant of summary judgment to Defendant-Appellee RJR Nabisco, Inc. and its denial of class certification. We reverse in part, vacate in part, and remand for further consideration by the district court.

I. FACTUAL AND PROCEDURAL BACKGROUND

This case is yet another litigating who must bear the cost of the collapse of Executive Life Insurance Company of California (“Executive Life”) in the late 1980s and early 1990s. The issue before us is whether Defendant-Appellee RJR Nabisco, Inc.…