9th Circ. Nixes Cert. Bid Over Home Depot Tool Rental Fee

Law360, Los Angeles (February 3, 2014, 6:38 PM EST) -- The Ninth Circuit on Monday affirmed a lower court’s denial of class certification in a suit brought against Home Depot USA by a customer claiming the retailer duped tool renters into paying a 10 percent surcharge on the tools, holding the district didn't abuse its discretion.

The decision comes five months after plaintiff Benjamin Berger urged the appeals court to order certification in the suit over Home Depot's damage waiver for rented tools, saying the California federal judge who denied certification of his consumer protection claims...
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