9th Circ. Urged To Certify Class Of Home Depot Tool Renters

Law360, Los Angeles (August 28, 2013, 5:28 PM EDT) -- A Home Depot USA Inc. customer urged the Ninth Circuit on Wednesday to order certification of a class of consumers who rented tools from the retailer, saying class members would not have to make an individualized showing that they were duped into paying a 10 percent surcharge.

Benjamin Berger said a California federal judge who denied certification of his consumer protection claims erred in ruling that the proposed classes were unascertainable and overly broad and that differences in individual class members' experiences with respect to purchasing...
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