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Sears washing machine
Sears washing machine








sears washing machine sears washing machine

The suit is really two class actions because the classes have different members and different claims, and therefore they should have been severed, though both arise from alleged defects in Kenmore-brand Sears washing machines sold in overlapping periods beginning in 20. 11-8029, 12-8030 court ruling on motions for class certification filed by the plaintiffs. The parties to this class action suit, which is based on the warranty laws of six states, petitioned us to review separate orders by the district 2 Nos. S UBMITTED S EPTEMD ECIDED N OVEMBefore P OSNER, R IPPLE, and H AMILTON, Circuit Judges. Appeals from the United States District Court for the Northern District of Illinois, Eastern Division. 11-8029, 12-8030 L ARRY B UTLER, et al., individually and on behalf of all others similarly situated, Plaintiffs-Appellants, Cross-Appellees, v. In the United States Court of Appeals For the Seventh Circuit Nos. It is more efficient for the question whether the washing machines were defective to be resolved in a single proceeding than for it to be litigated separately in hundreds of different trials

sears washing machine

The individual questions are the amount of damages owed particular class members. Rule 23(b)(3) conditions maintenance of a class action on a finding “that the questions of fact or law common to class members predominate over any questions affecting only individual members.” The basic question in the litigation is: were the machines defective in permitting mold to accumulate and generate noxious odors? The question is common to the entire mold class, although the answer may vary with the differences in design. The Seventh Circuit affirmed certification of the stoppage claims and reversed denial of certification for the mold claims. The district court denied certification of the class complaining of mold and granted certification of the class complaining of sudden stoppage. One asserted a defect that causes mold the other asserted a defect that stops the machine inopportunely. The underlying suits arise from alleged defects in Kenmore-brand Sears washing machines sold in periods beginning in 20.










Sears washing machine