Wednesday, August 17, 2011

Seventh Ciruit -- Sarah Bertanowski v. Spin Master

Sarah Bertanowski v. Spin Master

Parents whose kids weren't injured by recalled defective toy have standing under the Consumer Protection Act, as they paid more for the (cheap) toy than they might otherwise have done.

Although the Rules Enabling Act means that the District Court is not free to impose its own analysis at class certification over Rule 23 considerations of best remedy, 23(a)(4) allows courts to functionally consider the same reasoning.

Different state remedies make class unworkable.
Compiled by D.E. Frydrychowski, who is, not incidentally, not giving you legal advice.

Category tags above are sporadically maintained Do not rely. Do not rely. Do not rely.

Author's SSRN page here.