Sears Asks For En Banc Review Of Faulty Washer Class Cert.

Law360, New York (November 28, 2012, 2:53 PM EST) -- Sears Roebuck & Co. on Tuesday asked the Seventh Circuit for an en banc review of its decision to support class certification in a suit accusing Sears of selling washing machines prone to developing moldy odors and stopping suddenly from mechanical malfunctions.

Sears argues a three-judge panel ruling earlier this month erred in deeming class litigation more efficient despite the plaintiffs’ purported failure to establish predominance given that class members purchased different washer models with varying likelihoods of experiencing the problems at issue.

“Under the panel’s...
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