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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. I will continue to pray that God keeps giving you the strength and courage to keep fighting for what is right and just so you are aware, you are an inspiration to those that are feeling weak and helpless as they are trying to figure out why evil keeps winning. God Bless.....

  2. Some are above the law in Indiana. Some lined up with Lodges have controlled power in the state since the 1920s when the Klan ruled Indiana. Consider the comments at this post and note the international h.q. in Indianapolis. http://www.theindianalawyer.com/human-trafficking-rising-in-indiana/PARAMS/article/42468. Brave journalists need to take this child torturing, above the law and antimarriage cult on just like The Globe courageously took on Cardinal Law. Are there any brave Hoosier journalists?

  3. I am nearing 66 years old..... I have no interest in contacting anyone. All I need to have is a nationality....a REAL Birthday...... the place U was born...... my soul will never be at peace. I have lived my life without identity.... if anyone can help me please contact me.

  4. This is the dissent discussed in the comment below. See comments on that story for an amazing discussion of likely judicial corruption of some kind, the rejection of the rule of law at the very least. http://www.theindianalawyer.com/justices-deny-transfer-to-child-custody-case/PARAMS/article/42774#comment

  5. That means much to me, thank you. My own communion, to which I came in my 30's from a protestant evangelical background, refuses to so affirm me, the Bishop's courtiers all saying, when it matters, that they defer to the state, and trust that the state would not be wrong as to me. (LIttle did I know that is the most common modernist catholic position on the state -- at least when the state acts consistent with the philosophy of the democrat party). I asked my RCC pastor to stand with me before the Examiners after they demanded that I disavow God's law on the record .... he refused, saying the Bishop would not allow it. I filed all of my file in the open in federal court so the Bishop's men could see what had been done ... they refused to look. (But the 7th Cir and federal judge Theresa Springmann gave me the honor of admission after so reading, even though ISC had denied me, rendering me a very rare bird). Such affirmation from a fellow believer as you have done here has been rare for me, and that dearth of solidarity, and the economic pain visited upon my wife and five children, have been the hardest part of the struggle. They did indeed banish me, for life, and so, in substance did the the Diocese, which treated me like a pariah, but thanks to this ezine ... and this is simply amazing to me .... because of this ezine I am not silenced. This ezine allowing us to speak to the corruption that the former chief "justice" left behind, yet embedded in his systems when he retired ... the openness to discuss that corruption (like that revealed in the recent whistleblowing dissent by courageous Justice David and fresh breath of air Chief Justice Rush,) is a great example of the First Amendment at work. I will not be silenced as long as this tree falling in the wood can be heard. The Hoosier Judiciary has deep seated problems, generational corruption, ideological corruption. Many cases demonstrate this. It must be spotlighted. The corrupted system has no hold on me now, none. I have survived their best shots. It is now my time to not be silent. To the Glory of God, and for the good of man's law. (It almost always works that way as to the true law, as I explained the bar examiners -- who refused to follow even their own statutory law and violated core organic law when banishing me for life -- actually revealing themselves to be lawless.)

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