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Owners of foul-smelling washing machines granted class certification by 7th Circuit

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The 7th Circuit Court of Appeals in Chicago has granted class certification to owners of odor-emitting Kenmore washers, allowing their lawsuit against Sears, Roebuck and Co. to go forward.   

In one ruling on two separate class actions against Sears, the 7th Circuit reversed the denial of certification of class regarding a mold claim and affirmed the grant of class certification regarding the control unit claim. The lead plaintiff in Larry Butler, et al., individually and on behalf of all others similarly situated v. Sears, Roebuck And Co., Nos. 11-8029, 12-8030, is a resident of Indiana.

Both class action claims arise from alleged defects in the Kenmore-brand Sears washing machines. The “mold claim” complains of a defect that causes a mass of microbes to form in the machine’s drum that creates mold which emits bad odors. The “control unit claim” complains of a malfunction in a computer device that causes the machine to stop even though nothing is wrong.

The 7th Circuit accepted the appeals in order to clarify the concept of “predominance” in class action litigation.  

For the mold claim, Sears contended since different models had different defects, the common questions of fact about the mold problem and its consequences do not predominate over individual questions of fact.

Conversely, the 7th Circuit found that the basic question in the litigation was “Were the machines defective in permitting mold to accumulate and generate noxious odors?” And this question is common to the entire mold class even though the answer may vary with the differences in the design of the machine. The individual questions are the amount of damages owed to particular owners of the washing machines.

In considering the question of predominance, the court found the class action procedure would be efficient not only in cost but also in efficacy. The stakes in an individual case would be too small to justify the expense of suing which means that denial of class certification would preclude any relief.

For the control unit claim, the court ruled it is more efficient to resolve the question of whether the washing machines were defective in a single proceeding than for it to be litigated separately in hundreds of different trials.

 

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  1. Good riddance to this dangerous activist judge

  2. What is the one thing the Hoosier legal status quo hates more than a whistleblower? A lawyer whistleblower taking on the system man to man. That must never be rewarded, must always, always, always be punished, lest the whole rotten tree be felled.

  3. I want to post this to keep this tread alive and hope more of David's former clients might come forward. In my case, this coward of a man represented me from June 2014 for a couple of months before I fired him. I knew something was wrong when he blatantly lied about what he had advised me in my contentious and unfortunate divorce trial. His impact on the proceedings cast a very long shadow and continues to impact me after a lengthy 19 month divorce. I would join a class action suit.

  4. The dispute in LB Indiana regarding lake front property rights is typical of most beach communities along our Great Lakes. Simply put, communication to non owners when visiting the lakefront would be beneficial. The Great Lakes are designated navigational waters (including shorelines). The high-water mark signifies the area one is able to navigate. This means you can walk, run, skip, etc. along the shores. You can't however loiter, camp, sunbath in front of someones property. Informational signs may be helpful to owners and visitors. Our Great Lakes are a treasure that should be enjoyed by all. PS We should all be concerned that the Long Beach, Indiana community is on septic systems.

  5. Dear Fan, let me help you correct the title to your post. "ACLU is [Left] most of the time" will render it accurate. Just google it if you doubt that I am, err, "right" about this: "By the mid-1930s, Roger Nash Baldwin had carved out a well-established reputation as America’s foremost civil libertarian. He was, at the same time, one of the nation’s leading figures in left-of-center circles. Founder and long time director of the American Civil Liberties Union, Baldwin was a firm Popular Fronter who believed that forces on the left side of the political spectrum should unite to ward off the threat posed by right-wing aggressors and to advance progressive causes. Baldwin’s expansive civil liberties perspective, coupled with his determined belief in the need for sweeping socioeconomic change, sometimes resulted in contradictory and controversial pronouncements. That made him something of a lightning rod for those who painted the ACLU with a red brush." http://www.harvardsquarelibrary.org/biographies/roger-baldwin-2/ "[George Soros underwrites the ACLU' which It supports open borders, has rushed to the defense of suspected terrorists and their abettors, and appointed former New Left terrorist Bernardine Dohrn to its Advisory Board." http://www.discoverthenetworks.org/viewSubCategory.asp?id=1237 "The creation of non-profit law firms ushered in an era of progressive public interest firms modeled after already established like the National Association for the Advancement of Colored People ("NAACP") and the American Civil Liberties Union ("ACLU") to advance progressive causes from the environmental protection to consumer advocacy." https://en.wikipedia.org/wiki/Cause_lawyering

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