Citing Smith V. Bayer, 7th Circ. Allows Sears Dryer Suits

Law360, New York (May 1, 2012, 6:19 PM EDT) -- The Seventh Circuit on Tuesday axed an injunction against class actions accusing Sears Roebuck & Co. of deceptively marketing faulty dryers, citing the U.S. Supreme Court's ruling in Smith v. Bayer.

In 2008, the appeals court had decertified a class of consumers in what it called a "near-frivolous" lawsuit claiming that Sears misrepresented that its dryers were stainless steel when the drums inside the dryers contained a small amount of ceramic-coated mild steel, which allegedly stained clothes.

The Seventh Circuit had directed a lower court to...
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