Sears, Roebuck & Co.
Class Action Lawsuit Against Sears, Roebuck & Co.
Summary of the Pending Case: On March 31, 2008, SFMS, along with co-counsel, filed a class action complaint ("Complaint") against Sears, Roebuck & Co. ("Sears") in the United States District Court for the Northern District of Illinois, Civil Action No. 1:08-CV-01832. The Complaint alleges that certain front-loading washing machines, including the HE2, HE2t, HE3, HE3t, HE4t, HE5t and other front-loading washers which are manufactured and sold by Sears, contain an inherent design defect that causes the machines to allegedly produce and harbor mold and mildew within the machine. Plaintiff brought this action on behalf of a purported class of Arizona purchasers of the front-loading washers. Plaintiff asserts claims for violation of the Arizona Consumer Fraud Act, Breach of Implied and Express Warranty under Arizona's Uniform Commercial Code and unjust enrichment. The action is pending before the Honorable Joan H. Lefkow.
Status of Pending Case: On July 1, 2008, SFMS filed a Consoidated Amended Complaint ("CAC") on behalf of several purchasers of the front-loading washers in various states, including Arizona, Florida, Ohio, Oklahoma, Wisconsin, Colorado, and Pennsylvania. In the CAC, Plaintiffs included claims for violation of the Magnuson-Moss Act (breach of express on behalf of a nationwide class and breach of implied warranty on behalf of various state laws ), violation of consumer protection acts of various state, as well as claims for breach of express and implied warranty and unjust enrichment under various state laws.
On August 11, 2008, Sears filed a Motion to Dismiss Plaintiffs' Complaint. Plaintiffs filed their Opposition to Defendants' Motion on September 12, 2008.
On January 30, 2009, the Court granted in part, and denied in part, Defendantsí Motion to Dismiss. Discovery is ongoing in this matter.
On September 9, 2010, this case was reassigned to the Honorable Sharon Johnson Coleman.
A hearing on class certification occurred before the Court on August 1, 2011. On September 30, 2011, the Court issued a decision denying class certification as to the proposed class of purchasers of washers suffering from the mold defect, and granted class certification as to the proposed class of purchasers of washers suffering from the control unit defect. Plaintiffs have moved for reconsideration of that part of the order which denied class certification.
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This page was last updated: 2013-08-07 10:44:11