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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. Excellent initiative on the part of the AG. Thankfully someone takes action against predators taking advantage of people who have already been through the wringer. Well done!

  2. Conour will never turn these funds over to his defrauded clients. He tearfully told the court, and his daughters dutifully pledged in interviews, that his first priority is to repay every dime of the money he stole from his clients. Judge Young bought it, much to the chagrin of Conour’s victims. Why would Conour need the $2,262 anyway? Taxpayers are now supporting him, paying for his housing, utilities, food, healthcare, and clothing. If Conour puts the money anywhere but in the restitution fund, he’s proved, once again, what a con artist he continues to be and that he has never had any intention of repaying his clients. Judge Young will be proven wrong... again; Conour has no remorse and the Judge is one of the many conned.

  3. Pass Legislation to require guilty defendants to pay for the costs of lab work, etc as part of court costs...

  4. The fee increase would be livable except for the 11% increase in spending at the Disciplinary Commission. The Commission should be focused on true public harm rather than going on witch hunts against lawyers who dare to criticize judges.

  5. Marijuana is safer than alcohol. AT the time the 1937 Marijuana Tax Act was enacted all major pharmaceutical companies in the US sold marijuana products. 11 Presidents of the US have smoked marijuana. Smoking it does not increase the likelihood that you will get lung cancer. There are numerous reports of canabis oil killing many kinds of incurable cancer. (See Rick Simpson's Oil on the internet or facebook).

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