Seventh Circuit Rules That Comcast Warrants No Change in Certification of Sears Washing Machine Classes

The lawsuit arises from alleged mold-causing defects in several models of washing machines. On November 13, 2012, the Seventh Circuit reversed the district court’s denial of class certification and sought to “clarify the concept of predominance in class action litigation.”  Butler v. Sears, Roebuck, and Co.,  Nos. 11-8029, 12-8030 (7th Cir. 2012).   In its opinion, the Seventh Circuit found that the fact that multiple washer models were at issue did not complicate the situation sufficiently to defeat the predominance requirement of Federal Rule of Civil Procedure 23(b)(3) “[P]redominance is a question of efficiency . . . . A class is the more efficient procedure for determining liability and damages in a case such as this involving a defect that may have imposed costs on tens of thousands of consumers, yet not a cost to any one of them large enough to justify the expense of an individual suit.”  Slip. Op. at 4. Accordingly, the Seventh Circuit found that the predominance requirement was satisfied and the class should be certified.

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