Today the Seventh Circuit rapped the idea that consumer fraud cases never qualify for class treatment.
The panel affirmed certification of two classes of people who bought defective windows, which let water seep in and somehow promoted wood rot. That decision of the class issues won't resolve all issues didn't bar certification, the court held. "While consumer fraud class actions present challenges that a district court must carefully consider," the panel said, "there are circumstances where certification is appropriate. We conclude that this case is one of those circumstances." Pella Corp. v. Saltzman, No. 09-8025, slip op. at 11 (7th Cir. May 20, 2010) (per curiam).
Blawgletter notes that Judge Richard Posner chaired the panel and, in light of the brief but elegant writing, opines that he likely penned the anonymous opinion.