Court Drops Table Suit Against Martha Stewart, Kmart

Law360, New York (November 14, 2008, 12:00 AM EST) -- In a clean sweep for Martha Stewart Living Omnimedia Inc. and Kmart Corp., a federal judge has tossed for lack of subject matter jurisdiction a purported class action that accused the companies of selling glass-top patio tables that “spontaneously shatter.”

U.S. District Judge G. Patrick Murphy of the U.S. District Court for the Southern District of Illinois on Wednesday signed off on an order denying class certification and dismissing without prejudice the action, which has languished in the federal court since 2005.

Judge Murphy called the...
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