Butler v. Sears, Roebuck and Co.
United States Court of Appeals for the Seventh Circuit
727 F.3d 796 (2013)
- Written by Catherine Cotovsky, JD
Facts
Purchasers of Kenmore-brand washing machines (purchasers) (plaintiffs) sued Sears, Roebuck and Co. (Sears) (defendant) in two class actions for damages based on breach-of-warranty laws. One class of purchasers experienced the growth of mold and odors in their machines, and the other class of purchasers experienced a control-unit malfunction that stopped their machines before completing the washing cycle. The district court certified the control-unit class but denied certification of the mold class. The circuit court reversed the denial of the mold class’s certification and affirmed certification of the control-unit class. The United States Supreme Court granted certiorari and remanded the case to the circuit court for reconsideration in light of its opinion in Comcast Corp. v Behrend, which held that a class could not be certified to recover damages if all of the damages sought did not result from the injury alleged by the class members, and that the requisite predominance for class certification must be proven at the class-certification stage of litigation. Upon remand to the circuit court, Sears petitioned for remand to the district court for reconsideration of class certification, and the purchasers requested reinstatement of the circuit court’s previous order to certify both classes.
Rule of Law
Issue
Holding and Reasoning (Posner, J.)
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