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Civil Procedure Keyed to Marcus
Butler v. Sears, Roebuck and Co.
Citation:
702 F.3d 359 (2012)Facts
Plaintiffs purchased Kenmore-brand washing machines sold by Sears but manufactured by Whirlpool. They alleged two distinct defects: (1) a design flaw that allowed mold and mildew to accumulate in the machines, causing bad odors and potentially damaging clothing; and (2) defective control units that caused the machines to shut down unexpectedly. The mold problem allegedly affected nearly all machines in the class, though to varying degrees, while the control unit defect affected only some machines. The plaintiffs sought to certify two separate classes corresponding to these defects. The washing machines were sold in several states, and the plaintiffs sought certification under the consumer protection laws of multiple states. Sears argued that differences in washing machine models, consumer experiences with the alleged defects, and applicable state laws made class certification inappropriate.
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