Search for: "Sears Roebuck & Co."
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3 Nov, 2008 2:00 pm
... to reverse an order granting class certification in a consumer false advertising case. Thorogood v. Sears, Roebuck & Co., ___ F.3d ___ (7th Cir. Oct. 28, 2008). The ... .3d 1292, 1299-1300 (11th Cir. 1999); Pettway v. American Cast Iron Pipe Co.,
494 F.2d 211, 259-63 (5th Cir. 1974). The deal breaker is the ... their company on the outcome of a trial. This, however, is not such a case, as the aggregate claims are well within
Sears Roebuck's ability to pay. Id. at 5-6 (emphasis added). If that is so, ...
23 Oct, 2006 6:00 am
In Santamaria v. Sears, Roebuck & Co., ___ F.3d ___ (7th Cir. Oct. 19, 2006), the Seventh
Circuit (Judge Posner) affirmed an order remanding a pre-CAFA action to California state court, where it was originally filed. The case was MDL'd to the Northern District of Illinois
after a federal judge in California denied plaintiffs' motion to remand. On reconsideration, the federal judge in Illinois remanded the case back to California state court, and the
defendant appealed ...
2 Oct 3:02 pm
... a record-setting consent decree resolving a class lawsuit against Sears, Roebuck and Co.
(Sears) under the Americans With Disabilities Act (ADA) for $6.2 million and ... consent decree includes an injunction against violation of the
ADA and retaliation. It requires, in addition, that Sears will amend its workers' compensation leave policy, provide written reports to the
EEOC detailing its ... and Magistrate Judge Susan Cox, and is captioned EEOC v. Sears Roebuck &
Co., N.D. Ill. No. 04 C 7282. Today' ...
1 Oct 9:45 am
... Judge Wayne Andersen, resolving the $6.2 million lawsuit against Sears, Roebuck and Co.
under the Americans With Disabilities Act (ADA)--the largest ADA single ... EEOC's press release, the class action lawsuit was filed in 2004, accusing Sears of providing an inflexible worker's compensation leave exhaustion policy, as well as terminating ... fired, after their discount cards were rejected
while shopping at local Sears retail stores. Along with the $6.2 million settlement, the consent decree includes ...
29 Sep 7:44 am
According to the United States Equal Employment Opportunity Commission (EEOC), Sears, Roebuck and
Co. (Sears) has agreed to settle a class lawsuit for the sum of $6.2 million and other remedial relief. It was alleged ... of other
employees who had taken workers' compensation leave, failing to consider reasonable accommodations to return these employees to work. Sears has
agreed to an injunction preventing future violations of the ADA and retaliation against employees. Sears has also agreed to "amend ...
30 Jun 6:30 am
Consumers sued Sears Roebuck and Co. in a New Jersey federal court for alleged violations of
the New Jersey Consumer Fraud Act involving a home improvement project which was supposed to take only days to complete but which allegedly dragged on for over a year and resulted in
poorly operating heating and air conditioning systems. The company got some of the claims dismissed. However, the court also found that the company violated the New Jersey Consumer
Fraud Act by failing ...
5 Nov, 2008 12:08 pm
... statutes and individual claims for violations of Tennessee's Consumer Protection Act; specifically, the class action complaint asserted that Sears engaged in deceptive advertising practices in connection with the sale of its Kenmore clothes dryers. Thorogood v. Sears, Roebuck & Co., ___ F.3d ___ (7th Cir. October 28, 2008) [Slip Opn., at 1]. According to the class
action, "the words 'stainless steel' were imprinted on the dryer, and point ...
3 Jun, 2008 4:04 am
... . May 27, 2007) (Coar, J.). Judge Coar denied defendant Sears, Roebuck & Co.'s
("Sears") Fed. R. Civ. P. 50(b) motion for ... pre-judgment and post-judgment interest. A jury previously returned a verdict finding
Sears liable for breach of a nondisclosure agreement and misappropriation of RRK's trade secret related to ... the Court held that RRK's
damages expert was sufficiently credible and held that Sears had sufficient opportunity to challenge the expert's methodologies during cross
examination. ...
23 Mar, 2008 10:33 am
... in Minnesota, and that he received further treatment in Illinois. Berbig v. Sears Roebuck &
Co., Inc., ___ N.E.2d ___, 2007 WL ... been filed in Minnesota, and that the trial court "accorded undue weight to the location of Sears' corporate headquarters in [Illinois], especially when none of the personnel or documents relevant to this case are located ... well as on an interstate
basis" (citing Dawdy v. Union Pacific R.R. Co., 207 Ill.2d 167, 176 (2003)). "To determine whether the doctrine applies, ...
17 Oct 11:27 am
A woman has filed a Cook County injury lawsuit against Sears, Roebuck, and Co. for inadequate
security. In her Chicago premises liability complaint, Christine Granberry is seeking over $100,000. Granberry says that after shopping at the Sears on 1334 E. 795h Street, she went back to her vehicle, which she ... . She sustained a traumatic brain injury from her Chicago fall accident. In
September, Sears was sued for Chicago premises liability by another woman who says she slipped and fell ...
28 Nov, 2006 4:55 am
... certain Craftsman tools are made in the U.S. when they are manufactured abroad. Santamarina v. Sears, Roebuck & Co., 466 F.3d 570, 571 (7th Cir. 2006). Defense attorneys demurred, and plaintiff's lawyer filed an amended complaint after CAFA became
... at 573-74. The Court summarized its reasoning at page 574 as follows: "When it read the original complaint, Sears knew that the plaintiffs
were complaining about misrepresentation of the country of origin of Craftsman tools and since it ...
30 Sep 8:29 pm
Sears Roebuck & Co. recently agreed to a record settlement in an Equal Employment
Opportunity Commission[EEOC] lawsuit alleging the retailer illegally fired disabled workers. The $6.2 million dollar settlement amount is the ... lawyers indicated they uncovered 100
similar cases where injured employees sought accomodations upon their return, only to be terminated. Sears issued a statement insisting that
they reasonably accomodated employees and settled the case because of the cost of litigation. ...
2 Oct 9:53 am
Earlier this week, the EEOC reported that it had reached a settlement with Sears, Roebuck &
Co in a class-action suit under the ADA. In EEOC v. Sears Roebuck & Co., N.D. Ill.
No. 04 C 7282, The EEOC alleged...
2 Oct 12:01 pm
In a record-setting consent degree, Sears, Roebuck, & Co. will pay $6.2 million to settle
a class action lawsuit over disability bias as it related to the company's workers' compensation leave exhaustion policy. ... , submit written reports to the EEOC demonstrating how its
workers' compensation practices are in compliance, and post decree notices at all Sears. A final hearing will take place early next year to
determine the fairness of individual distributions from the settlement fund. Sears, ...
26 Nov, 2007 3:09 am
RRK Holding Co. v. Sears, Roebuck & Co., No. 04 C 3944, 2007 WL 495254 (N.D. Ill.
Feb. 14, 2007) (Coar, J.). As promised last week, the jury instructions are now available -- click here for a copy. Additionally, although ... found for plaintiff RRK on each of eleven
counts and awarded damages as follows: Damages Award RRK's Actual Losses $11,664,105 Sears's Unjust Enrichment $1,688,136 Punitive Damages
$8,011,344 Total Damages $21,363,585 For more on this case, click ...
30 Sep 7:46 am
Sears, Roebuck and Co, commonly referred to as Sears
settled a lawsuit with the Equal Employment Opportunity Commission ("EEOC") based on the Americans With Disabilities Act ("ADA") for $6.2 million and significant remedial relief.
According to ... , in violation of the ADA. Discovery showed that hundreds of employees who had taken workers' compensation leave were terminated by Sears without seriously considering reasonable accommodations to return them to work while they were on leave, or seriously ...
8 Oct 8:56 am
A former employee for Sears, Roebuck and Co. was injured on the job, took workers'
compensation leave, and later learned that he'd been terminated when his wife's discount card was denied. That incident resulted in a ... and failing to make reasonable accommodations
that would have allowed the injured service technician to return to work. In response, Sears Holdings Corp. has agreed to pay $6.2 to settle
the lawsuit. The three-year consent decree requires the ...
17 May, 2007 10:11 pm
... defendants) to reveal the results of the settlement before dismissing a parallel lawsuit. (Moody v. Sears, Roebuck, & Co.) (via Nick Pace of RAND Institute at CL&P Blog). Note that the widely-publicized Eisenberg/Miller class-action study, regularly
cited for the ... consumers are certainly worse off because of such litigation. Problems like this arise because a Sears is only willing to
settle a frivolous consumer-fraud suit for nuisance amounts, and the plaintiffs' attorneys ...
6 Nov, 2006 7:11 am
Santamarina v. Sears, Roebuck and Co., No. MDL 1703, 2006 WL 2979396 (7th Cir. Oct. 19,
2006)How did a California state court action involving claims for alleged violations of the California unfair trade practices act end up in the Seventh...
17 Dec, 2007 2:36 pm
A South Florida Sun Sentinel article by Diane C. Lade reports that according to a class action settlement scheduled for approval in January, Sears Roebuck & Co. has agreed to place anti-tip brackets on all free-standing or slide-in stoves or...
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