Butler v. Sears, Roebuck and Co.
United States Court of Appeals for the Seventh Circuit
702 F.3d 359 (2012)
Sears, Roebuck and Company (Sears) (defendant) faced two separate products-liability class actions over washing machines — one alleging the machines caused mold, another alleging they suddenly stopped working — and Whirlpool, the manufacturer, had made design changes to some mold-prone models over time. Sears argued these varying design modifications meant different machines were defective in different ways, making class treatment inappropriate; the district court denied certification to the mold plaintiffs but granted it to the stoppage plaintiffs, and both the mold plaintiffs and Sears appealed their respective rulings.
Whether a class will be certified for a class action if the question of fact or law common to class members predominates over any questions affecting only individual members.