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Federal Judge Denies Defendants Sears, Roebuck & Co. and Electrolux Home Products Inc.'s Motion to Strike Class Allegations and Permits Plaintiff's Claims to Proceed

On September 3, 2010, United States District Court for the Northern District of California Judge Claudia Wilken permitted Plaintiff Martin Murray to continue to assert his class claims against Defendants Sears, Roebuck & Co. and Electrolux Home Products, Inc. for violating various California consumer protection statutes as a result of Defendants deceptive advertising practices.  Defendants' motion to strike Murray’s class allegations was based on previous rulings by the United States Court of Appeals for the Seventh Circuit, however, in a victory for the California consumers, Judge Wilken held that Murray’s amended complaint sufficiently included allegations that Defendants expressly advertised their dryers as containing stainless steel drums and the significance of those advertisements so to permit plaintiff to pursue his class litigation.

 

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