United States Seventh Circuit

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Thorogood v. Sears, Roebuck & Co., 10-2407

In defendant's motion to enjoin a class action lawsuit in California, claiming that the suit was virtually identical to a previously filed class action suit, involving claims of consumer fraud in sales of "stainless steel" dryers, the district court's denial of the motion in concluding that defendant could obtain adequate relief against being harassed by repetitive litigation by pleading collateral estoppel is reversed and remanded as, although the California suit is barred by collateral estoppel, the district court abused its discretion as the harm the defendant faces from the denial of the injunction is irreparable and its remedy at law against settlement extortion nonexistent.

Appellate Information

  • Argued 10/12/2010
  • Decided 11/02/2010
  • Published 11/02/2010


  • <a href="http://pview.findlaw.com/view/2581437_1">POSNER</a>


  • United States Seventh Circuit