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Judge Junks Sears, Kmart's 'Oxymoronic' Retort To FLSA Suit

Law360, New York (April 27, 2012, 7:00 PM EDT) -- In a scathing rebuke of lawyers for the Sears and Kmart retail chains, an Illinois federal judge on Thursday struck the companies' response to a proposed wage-and-hour class action by employees, describing some answers in the legal filing as "oxymoronic" and "arrant nonsense."

After lamenting that it was “difficult to maintain judicial patience in the face of such a plainly problematic work product,” U.S. District Judge Milton Shadur told attorneys for Sears Holdings Management Corp. and subsidiaries Sears Roebuck & Co. and Kmart Corp. to go...
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Case Information

Case Title

O'Toole v. Sears Holdings Management Corporation

Case Number



Illinois Northern

Nature of Suit

710(Labor: Fair Standards)


Honorable Milton I. Shadur

Date Filed

July 8, 2011

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