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Thorogood v. Sears, Roebuck & Co., 10-2407

By FindLaw Staff on November 02, 2010 2:59 PM

Denial of motion to ejoin a virtually similar class action lawsuit, involving consumer fraud claims in sales of a household appliance, reversed

Thorogood v. Sears, Roebuck & Co., 10-2407, concerned a defendant's motion to enjoin a class action lawsuit in California, claiming that the suit was virtually identical to a previously filed class action suit, involving claims of consumer fraud in sales of "stainless steel" dryers.

In reversing the district court's denial of the motion in concluding that defendant could obtain adequate relief against being harassed by repetitive litigation by pleading collateral estoppel, the court remanded the matter in concluding that, although the California suit is barred by collateral estoppel, the district court abused its discretion as the harm the defendant faces from the denial of the injunction is irreparable and its remedy at law against settlement extortion nonexistent.

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