In re Tyco International Ltd. Multidistrict Litigation

Defendants' Petition for Leave to Appeal Grant of Class Certification

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This case was brought on behalf of all participants in the Tyco International (US) Inc. Retirement Savings Plans I-VII, including all predecessor plans (the “Plans”), during the period from August 12, 1998 through July 25, 2002.

Schatz Nobel Izard, P.C. was appointed as Co-Lead Counsel by the United States District Court for the District of New Hampshire on December 19, 2002. The ERISA Plaintiffs filed their Consolidated Amended Complaint (the “Complaint) on February 3, 2003. The Complaint alleges that Defendants (a) failed to disclose hundreds of millions of dollars of corporate assets provided to senior executives, (b) omitted the disclosure of hundreds of acquisitions, (c) engaged in numerous improper accounting techniques, and (d) improperly reported Tyco’s financial results.

The Court granted class certification and this document is the Defendant's petition to appeal the grant of class certification.

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