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This article, the third in our current series on class action imbroglios, rounds out our brief survey of systemic and institutional ills attending consumer fraud, products liability and warranty class action litigation, as reflected in recent case law.1 Weeks ago, Judge Richard A. Posner, writing for a panel of the U.S. Court of Appeals for the Seventh Circuit, dramatically exposed unwholesome class action dynamics in Thorogood v. Sears, Roebuck & Co.,2 a decision issued on Nov. 2. The court further denied a petition for rehearing on Dec. 2, issuing a pungent statement responding to “over the top” accusations by plaintiffs’ counsel. If the name of the Thorogood case sounds familiar it may be because we wrote about a 2008 decision in the very same litigation in our column last month. This new Thorogood decision bristles sharply as it deals afresh with “the specific tactics of class counsel, which include…something close to settlement extortion.”3

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