092843P.pdf   08/12/2010  Jacqueline Avritt  v.  Reliastar Life Insurance Co.
   U.S. Court of Appeals Case No:  09-2843
   U.S. District Court for the District of Minnesota - Minneapolis   
   [PUBLISHED] [Wollman, Author, with Smith and Benton, Circuit Judges]
   Civil Case - class certification. District court did not abuse its
   discretion in refusing to certify the class. In claim that Northern Life
   Insurance Company engaged in misleading rate-setting practice of
   crediting recent deposits at a higher interest rate that older deposits and
   breached its contract by not crediting interest in a matter indicated in its
   policies, theory of liability could not be supported with reference to class-
   wide proof. Breach of contract claim could not be established with
   common evidence; implied covenant claims depended on representations
   made to each purchaser; and Washington's Consumer Protection Act
   claims failed. District court did not err in failing to certify class under
   section 23(b)(2), as claims were about money damages, not injunctive
   relief, and relied on the level of disclosure and the extent of each
   individual's reliance.