Sears, Roebuck & Co. v. Butler (U.S. Supreme Court)
The plaintiffs allege that certain washers emit odors and produce false error codes. The Seventh Circuit ruled that these plaintiffs could represent a class of purchasers in several states asserting warranty claims. We filed a petition for certiorari on behalf of Sears, presenting two questions: (1) whether Rule 23(b)(3)’s predominance requirement can be satisfied solely when it would be “efficient” to decide a single common question at trial, and (2) whether a class may be certified on breach-of-warranty claims where it is undisputed that most members did not experience the alleged product defect and where fact-of-injury would have to be litigated on an individualized basis. The Court granted certiorari, vacated the Seventh Circuit’s judgment, and remanded for further consideration in light of Comcast v. Behrend, 133 S. Ct. 1426 (2013). The Seventh Circuit reinstated its decision on remand, and our certiorari petition seeking review of its decision was denied.