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TOURANGEAU v. UNIROYAL, INC.

Nos. 1807, 2086 and 2102, Dockets 96-7103, 96-7149 and 96-7483.

101 F.3d 300 (1996)

Joseph TOURANGEAU, Molly Cobbol, Robert Lowell and Robert Frank, on behalf of themselves and all others similarly situated, Plaintiffs-Appellees-Cross-Appellants, v. UNIROYAL, INC., Defendant-Appellee, Joseph F. Flannery, individually and as Chief Executive Officer and Director of Uniroyal, Inc.; William J. Palmer, Thomas W. Clark, Norma R. Sullivan, Alan R. Elton, Ronald H. Hawkins and Frank J. Longto, individually and as members of the Uniroyal Board of Benefits and Awards, Defendants, Michelin North America, Inc. (formerly Uniroyal Goodrich Tire Company, Inc.) Respondent-Appellant-Cross-Appellee.

United States Court of Appeals, Second Circuit.

Decided December 3, 1996.

Attorney(s) appearing for the Case

Wayne C. Dabb, Jr., Cleveland, OH (John J. McGowan, Jr., Baker & Hostetler, Cleveland, OH, Frank J. Silvestri, Jr., Beverly Stauffer Knapp, Zeldes, Needle & Cooper, Bridgeport, CT, of counsel), for Respondent-Appellant-Cross-Appellee.

Daniel M. Abuhoff, New York City (John H. Hall, Debevoise & Plimpton, New York City, of counsel), for Defendant-Appellee Uniroyal, Inc.

Seth M. Kupferberg, New York City (I. Philip Sipser, Sipser, Weinstock, Harper & Dorn, New York City, of counsel), for Plaintiffs-Appellees-Cross-Appellants.

Before: MINER, JACOBS and PARKER, Circuit Judges.

PARKER, Circuit Judge:

This case presents three main issues: (1) whether, under the unusual circumstances presented, a successor in interest to a litigating party is bound by the terms of an agreement which settled that litigation even though the successor was not a formal participant in the litigation; (2) if the settlement agreement does bind the successor in interest, whether, absent a showing of plaintiff-specific cost increases, the agreement forbids the successor...

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