United States Seventh Circuit

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Thorogood v. Sears, Roebuck & Co., 08-1590

In a class-action suit claiming deceptive advertising by defendant of clothes dryers with stainless-steel drums, certification of a class under the Class Action Fairness Act is reversed where there were no common issues of law or fact to be tried, given that each consumer in the class was likely to have a different understanding of the alleged deception involved in labeling the dryers as having stainless-steel drums.

Appellate Information

  • Decided 10/28/2008
  • Published 10/28/2008

Judges

  • POSNER, Circuit Judge., Before POSNER, KANNE, and EVANS, Circuit Judges.

Court

  • United States Seventh Circuit

Counsel

  • For Appellant:
  • Barry Levenstam, Jenner & Block, Chicago, IL, for Amicus Curiae.

  • For Appellees:
  • Clinton A. Krislov (argued), Krislov & Associates, Chicago, IL, for Plaintiff-Appellee., Philip M. Oliss, Robin G. Weaver (argued), Squire Sanders & Dempsey, Cleveland, OH, for Defendant-Appellant.
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