BUTLER v. SEARS, ROEBUCK AND CO.

Nos. 11-8029, 12-8030.

702 F.3d 359 (2012)

Larry BUTLER, et al., individually and on behalf of all others similarly situated, Plaintiffs-Appellants, Cross-Appellees, v. SEARS, ROEBUCK AND CO., Defendant-Appellee, Cross-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided November 13, 2012.

Rehearing and Rehearing En Banc Denied December 19, 2012.


Attorney(s) appearing for the Case

Joel S. Neckers , Michael T. Williams , Attorneys, Wheeler Trigg O'Donnell LLP, Denver, CO, for Defendant-Appellee, Cross-Appellant.

Jason L. Lichtman , Jonathan D. Selbin , Attorneys, Lieff, Cabraser, Heimann & Bernstein, LLP, New York, NY, Mark P. Chalos , Lieff, Cabraser, Heimann & Bernstein, LLP, Nashville, TN, Richard J. Burke , Complex Litigation Group, LLC, St. Louis, MO, Paul M. Weiss , Julie D. Miller , Complex Litigation Group, LLC, Highland Park, IL, for Plaintiffs-Appellants, Cross-Appellees.

Before POSNER, RIPPLE, and HAMILTON, Circuit Judges.


POSNER, Circuit Judge.

The parties to this class action suit, which is based on the warranty laws of six states, petitioned us to review separate orders by the district court ruling on motions for class certification filed by the plaintiffs. Fed.R.Civ.P. 23(f). The suit is really two class actions because the classes have different members and different claims, and therefore they should have been severed, though both arise...

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