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Thorogood v. Sears, Roebuck and Co.

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SUBMITTED JANUARY 6, 2010

Before POSNER, KANNE, and EVANS, Circuit Judges.

This appeal is a sequel to an earlier appeal by the plaintiff that we decided against him. See 547 F.3d 742 (7th Cir. 2008). The plaintiff, a Tennessean, had bought a Kenmore-brand clothes dryer from Sears Roebuck (Kenmore is a Sears brand name). The words “stainless steel” were imprinted on the dryer, but part of the dryer’s drum was made of another material. He filed a class action suit in an Illinois state court on behalf of himself and the other purchasers, scattered across 28 states plus the District of Columbia, of the half million or so Kenmore dryers represented in the labeling and advertising of the dryers as containing stainless steel drums. The suit claimed that the representation that the dryer contained a stainless steel drum violated the Tennessee Consumer Protection Act, Tenn. Code. §§ 47-18-101 et seq., and similarly worded state consumer protection statutes in the states of the other members of the class. The suit was removed to federal district court under the Class Action Fairness Act, 28 U.S.C. §§ 1332(d), 1453, 1711-1715, and the district judge certified the class. We accepted the defendant’s appeal from the order of class certification, Fed. R. Civ. P. 23(f), and reversed, ordering the class decertified.

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