Butlerl v. Sears, Roebuck & Co., No. 12-8030 (7th Cir. 2013)
Annotate this CaseBuyers of Sears washing machines complained of a defect that causes mold, others complained of a control unit defect that stops the machine inopportunely. The district court denied certification of the class complaining about mold and granted certification of the class complaining about the control unit defect. The Seventh Circuit reversed with respect to the mold claims. The Supreme Court remanded for reconsideration in light of Comcast Corp. v. Behrend, 133 S. Ct. 1426 (2013). The Seventh Circuit reinstated its prior order, stating that there was a single, central, common issue of liability: whether the washing machine was defective. Complications that arise from the design changes and from separate state warranty laws can be handled by creation of subclasses.
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