Thorogood v. Sears, Roebuck and Co.

547 F.3d 742 (2006)

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Thorogood v. Sears, Roebuck and Co.

United States Court of Appeals for the Seventh Circuit
547 F.3d 742 (2006)

Facts

Thorogood (plaintiff) purchased a clothes dryer from Sears, Roebuck and Co. (Sears) (defendant). Sears advertised the clothes dryer to be made of stainless steel. Part of the dryer drum was not, in fact, stainless steel. Thorogood claimed that the dryer drum rusted and stained Thorogood’s clothes. Thorogood brought a class action under the Tennessee Consumer Protection Act, on behalf of a half-million purchasers of Sears’s dryer in 29 states. The district court granted Thorogood’s motion for class certification, holding that reliance on Sears’s alleged misrepresentation could be presumed on a class-wide basis. Sears appealed the certification of the class.

Rule of Law

Issue

Holding and Reasoning (Posner, J.)

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