Thorogood v. SEARS, ROEBUCK AND CO.
2010 U.S. App. LEXIS 24641
| 7th Cir. | 2010Background
- Thorogood sued Sears in Illinois for rust-stain claims on clothes dryers; panel opinion addressed a prior appeal and related class actions.
- The district court issued injunctions restricting a California copycat class action under the All Writs Act to protect the Seventh Circuit’s judgments.
- Sears sought relief from the California action and related settlements, arguing ongoing litigation would inflict irreparable harm and be duplicative.
- Krislov (plaintiff's counsel) challenged the panel’s reasoning and tone in prior opinions and urged en banc reconsideration.
- The panel denied rehearing and the question of en banc review, noting potential for modification after Smith v. Bayer, and reaffirmed the injunction against the copycat action while allowing individual claims.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the panel properly denied rehearing and left the injunction intact | Krislov argues the panel erred in merits critique and overbroad injunction scope | Sears contends the panel correctly enforced protections against duplicative suits | Denied |
| Whether All Writs Act authority justifies enjoining a copycat class action | Murray argues no valid basis to block coordination of similar claims | Sears asserts need to protect judgments and prevent harassment and irreparable harm | Affirmed enforcement of injunction under All Writs Act |
| Whether the panel’s critical language about class action lawyers was improper ad hoc commentary | Krislov claims the tone and characterizations are unwarranted and biased | Sears argues language reflects legitimate concerns about abuse in class actions | No reversible error; language sustained by record |
Key Cases Cited
- In re Rhone-Poulenc Rorer, Inc., 51 F.3d 1293 (7th Cir. 1995) (limits on collateral estoppel and abuse of litigation)
- Taylor v. Sturgell, 553 U.S. 880 (U.S. 2008) (circuit split on class certification and collateral estoppel effects)
- Phillips Petroleum Co. v. Shutts, 472 U.S. 797 (U.S. 1985) (class actions and constitutional considerations)
- Bridgestone/Firestone, Inc. Tires Prod. Liab. Litig., 333 F.3d 763 (7th Cir. 2003) (injunctions and control of multi-district class actions)
- Stoneridge Investment Partners, LLC v. Scientific-Atlanta, 552 U.S. 148 (U.S. 2008) (themes of liability and settlement dynamics in complex litigation)