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7th Circuit reinstates smelly washer class actions

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Two class actions claiming Kenmore washing machines sold at Sears stores were defective were reinstated by the 7th Circuit Court of Appeals on Thursday after certification of the suits was vacated in June by the U.S. Supreme Court.

An Indiana man is the lead plaintiff in the both classes, Larry Butler et al. v. Sears, Roebuck and Co., 11-8029, 12-8030. The suits separately claim that design defects in front-loading washers sold between 2001-2004 create odor-causing mold or cause the machines to stop at inopportune times.

The SCOTUS ruling vacating class certification in the cases remanded the suits to the 7th Circuit on the basis of its holding in Comcast Corp. v. Behrend, 133 S. Ct. 1426 (2013). There, justices determined that a suit may not be certified as a class action unless damages sought are the result of a class-wide injury.

In reinstating class certification in both cases in accordance with its November 2012 ruling, Circuit Judge Richard Posner wrote, “It would drive a stake through the heart of the class action device, in cases in which damages were sought rather than an injunction or a declaratory judgment, to require that every member of the class have identical damages. … (T)he fact that damages are not identical across all class members should not preclude class certification.

“There is a single, central, common issue of liability: whether the Sears washing machine was defective,” the 7th Circuit ruled.

Posner noted that the opinion harmonizes a Sixth Circuit ruling in light of Comcast in a similar mold class action regarding washers made by Whirlpool, which also manufactured the Kenmore machines. “The concordance in reasoning and result of our decision and the Sixth Circuit’s decision averts an intercircuit conflict,” Posner wrote for the panel.
 
 

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  1. Not enough copperheads here to care anymore, is my guess. Otherwise, a totally pointless gesture. ... Oh wait: was this done because somebody want to avoid bad press - or was it that some weak kneed officials cravenly fear "protest" violence by "urban youths.."

  2. Should be beat this rap, I would not recommend lion hunting in Zimbabwe to celebrate.

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  5. All these sites putting up all the crap they do making Brent Look like A Monster like he's not a good person . First off th fight actually started not because of Brent but because of one of his friends then when the fight popped off his friend ran like a coward which left Brent to fend for himself .It IS NOT a crime to defend yourself 3 of them and 1 of him . just so happened he was a better fighter. I'm Brent s wife so I know him personally and up close . He's a very caring kind loving man . He's not abusive in any way . He is a loving father and really shouldn't be where he is not for self defense . Now because of one of his stupid friends trying to show off and turning out to be nothing but a coward and leaving Brent to be jumped by 3 men not only is Brent suffering but Me his wife , his kids abd step kidshis mom and brother his family is left to live without him abd suffering in more ways then one . that man was and still is my smile ....he's the one real thing I've ever had in my life .....f@#@ You Lafayette court system . Learn to do your jobs right he maybe should have gotten that year for misdemeanor battery but that s it . not one person can stand to me and tell me if u we're in a fight facing 3 men and u just by yourself u wouldn't fight back that you wouldn't do everything u could to walk away to ur family ur kids That's what Brent is guilty of trying to defend himself against 3 men he wanted to go home tohisfamily worse then they did he just happened to be a better fighter and he got the best of th others . what would you do ? Stand there lay there and be stomped and beaten or would u give it everything u got and fight back ? I'd of done the same only I'm so smallid of probably shot or stabbed or picked up something to use as a weapon . if it was me or them I'd do everything I could to make sure I was going to live that I would make it hone to see my kids and husband . I Love You Brent Anthony Forever & Always .....Soul 1 baby

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