Cantwell v. J & R Properties Unlimited, Inc., 924 A.2d 355 (2007)

Citation: Cantwell v. J & R Properties Unlimited, Inc., 924 A.2d 355 (2007)
Parent Document: Cantwell v. J & R Properties Unlimited, Inc., 924 A.2d 355 (2007)
Jurisdiction: New Hampshire (state)
Effective Date: 2007-05-30
Original Source: https://www.courtlistener.com/opinion/1924522/cantwell-v-j-r-properties-unlim... ↗

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The plaintiff alleged on information and belief that the defendant had “repeatedly failed to account properly for or to pay interest on security deposits taken from numerous other residential tenants, similarly situated” to him. He contended that, as the number of present and former tenants of the defendant was numerous and many live throughout the United States, “joinder of all prospective class members” was impracticable. He identified the following questions of law and fact common to all class members and asserted that these questions predominated over any question affecting only an individual class member: (1) whether the defendant systematically failed to account properly for or to pay interest on security deposits; (2) the amount of interest earned but not paid on the security deposits; (3) the measure of damages; (4) whether the defendant’s conduct violated the CPA; and (5) whether the defendant knowingly and/or willfully violated the CPA. He contended that his claims were typical of the class claims and that a class action was a superior vehicle for adjudicating the claims.

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