Questions Presented
1. Whether the predominance requirement of Rule 23(b)(3) is satisfied by the purported “efficiency” of a class trial on one abstract issue, without considering the host of individual issues that would need to be tried to resolve liability and damages and without determining whether the aggregate of common issues predominates over the aggregate of individual issues.
2. Whether a product liability class may be certified where it is undisputed that most members did not experience the alleged defect or harm.
Case Updates
Cert. petition denied
February 24, 2014
U.S. Chamber asks U.S. Supreme Court to review Seventh Circuit class certification ruling
November 06, 2013
The U.S. Chamber asked the U.S. Supreme Court to grant the cert. petition to review this Seventh Circuit case and a similar case out of the Sixth Circuit, Whirlpool Corp. v. Glazer (II), to clarify whether these circuits properly ordered the proposed product liability class actions to be certified. In this case, plaintiffs filed a class action alleging breach of warranty claims on behalf of buyers of front-loading washing machines sold by the petitioner in six states. Although the Seventh Circuit initially ordered the classes certified under Rule 23, the U.S. Supreme Court vacated that decision and remanded the case to the Seventh Circuit in light of the Court's decision in Comcast Corp. v. Behrend. The Chamber's brief argues that on remand, the Seventh Circuit misapplied the Supreme Court's class action jurisprudence, sweeping aside individual questions that make these claims unfit for class certification.
Case Documents
- AHAM Amicus Brief in Support of Certiorari Petitions -- Sears, Roebuck and Co. v. Butler (II) and Whirlpool Corp. v. Glazer (II) (U.S. Supreme Court).pdf
- DRI Amicus Brief in Support of Certiorari Petitions -- Sears, Roebuck and Co. v. Butler (II) and Whirlpool Corp. v. Glazer (II) (U.S. Supreme Court).pdf
- PLF Amicus Brief in Support of Certiorari Petitions -- Sears, Roebuck and Co. v. Butler (II) and Whirlpool Corp. v. Glazer (II) (U.S. Supreme Court).pdf
- RLC Amicus Brief in Support of Certiorari Petitions -- Sears, Roebuck and Co. v. Butler (II) and Whirlpool Corp. v. Glazer (II) (U.S. Supreme Court).pdf
- TechAmerica, et al. Amicus Brief in Support of Certiorari Petitions -- Sears, Roebuck and Co. v. Butler (II) and Whirlpool Corp. v. Glazer (II) (U.S. Supreme Court).pdf
- WLF Amicus Brief in Support of Certiorari Petitions -- Sears, Roebuck and Co. v. Butler (II) and Whirlpool Corp. v. Glazer (II) (U.S. Supreme Court).pdf
- Certiorari Petition -- Sears, Roebuck and Co. v. Butler (II) (U.S. Supreme Court).pdf
- U.S. Chamber Amicus Brief in Support of Certiorari Petitions -- Sears, Roebuck and Co. v. Butler (II) and Whirlpool Corp. v. Glazer (II) (U.S. Supreme Court).pdf
- PLAC Amicus Brief in Support of Certiorari Petition -- Sears, Roebuck and Co. v. Butler (II) (U.S. Supreme Court).pdf
- Brief in Opposition -- Sears, Roebuck and Co. v. Butler (II) and Whirlpool Corp. v. Glazer (II) (U.S. Supreme Court).pdf
- Reply Brief for Petitioners -- Sears, Roebuck and Co. v. Butler (II) and Whirlpool Corp. v. Glazer (II) (U.S. Supreme Court)_0.pdf