Consumers Push Justices To Pass Up Whirlpool, Sears Cases

Law360, New York (December 6, 2013, 7:34 PM EST) -- Arguing the circuit court splits identified by the companies are imaginary, consumers attacked Whirlpool Corp. and Sears Roebuck & Co. on Friday for urging the U.S. Supreme Court to review rulings backing class certification in lawsuits over allegedly defective washing machines.

Contrary to Sears and Whirlpool's petitions for high court review, there is no disagreement among federal appeals courts regarding the certification of classes of consumers who do not receive “the benefit of their bargain” for defective products, plaintiffs suing the companies argued in a brief opposing the petition.

“Put succinctly: All circuits mandate that every class member assert a constitutionally...

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