Seventh Circuit Denies Rehearing En Banc In Thorogood And Provides Comments On Class Action Abuses

In a previous post on Thorogood v. Sears, Roebuck & Co., a panel of the Seventh Circuit used the All Writs Act, 28 U.S.C. 1651(a),to halt a consumer class action brought in California that was essentially a copycat of an earlier case where the Seventh Circuit had denied class certification. Our previous post on November 8 recounts the convoluted history of the class action. Plaintiff’s petition for rehearing and rehearing en banc was denied on December 2, 2010, with not a single judge voting in favor [view ruling].

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