Roberts v. Electrolux Home Products

Case # 12-cv-01644
Case Name Roberts v. Electrolux Home Products
Jurisdiction US District Court for C.D. CA
Summary

Plaintiffs allege that Defendants sold dryers to consumers despite knowing the dryers had serious safety defects. These defects caused dryers to catch fire, causing damage ranging from charred clothing to structural fires. Despite knowing of the defects, Defendants continued to retail these dryers and did not disclose the inherent safety risks.

Final Approval Date 09/15/2014
Result
  1. Final Approval granted.
  2. All objections found to be without merit and overruled, with strong language from the Court (quoted below).
  3. Objectors Newman and Miller (through Attorneys Miller, et al) and Sweeney (through Attorney Palmer) appealed the Final Approval.
  4. All appeals were voluntarily dismissed by the parties.
Dismissal of Last Appeal 10/27/2014
Attachments Docket Report.pdf
Consolidated Second Amended Class Action Complaint.pdf
Preliminary Approval Order.pdf
Final Approval.pdf
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Objection of Kristina Newman, Joyce Miller

Objectors Kristina Newman
Joyce Miller
Signers Steve A. Miller
Attorneys Steve A. Miller
John C. Kress
Jonathan E. Fortman
Summary
  1. No relief is available to the class.
  2. Attorneys' fees are excessive.
  3. Fee agreement shows signs of "clear sailing."
  4. Conflict of interest exists between Class Counsel and the Named Plaintiffs and unnamed class members.
Attachments Objection of Kristina K. Newman and Joyce Miller.pdf
Response to Newman and Miller Objection.pdf
Appeal of Objectors Newman and Miller.pdf
Amended Appeal of Objectors Newman and Miller.pdf
Dismissal of Newman-Miller Appeal.pdf
Newman-Miller Appeal Docket.pdf
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Objection of Daniel Hall

Objectors Daniel Hall
Signers Timothy R. Hanigan
Attorneys Timothy R. Hanigan
Summary
  1. Release is overbroad.
  2. Settlement relief is negative or illusory.
  3. Class counsel failed to adequately represent all sub-classes.
  4. Class counsel has not proven predominance and superiority.
  5. Attorneys' fees are excessive.

NOTE: This objection was withdrawn by the Objector. The Court still addressed this objection in the Final Approval Order, stating "Despite the withdrawal of this objection, the Court notes that the objection would have been overruled in its entirety. It is unclear whether Mr. Hall even had standing to object to the Settlement. The rest of Mr. Hall’s objections misunderstand or misread the Settlement Agreement, or provide no evidence or support (besides attorney argument) to advance his objection." (See Final Approval, page 20, footnote)

Attachments Objection of Daniel Hall.pdf
Withdrawal of Hall Objection.pdf
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Objection of Patrick Sweeney

Objectors Patrick Sweeney
Signers Joseph Darrell Palmer
Attorneys Joseph Darrell Palmer
Summary
  1. Settlement relief is illusory.
  2. Class does not meet commonality requirements.
  3. Notice and settlement website do not provide adequate information to assess the settlement.
  4. Attorneys' fees are excessive and improperly calculated.

The Court had strong language regarding this objection in the Final Approval Order, quoted here at length. The Court found that the objections "ARE NOT MADE FOR THE PURPOSE OF BENEFITING THE CLASS AND FINDS THAT THEY ARE MERITLESS IN ALL RESPECTS...The fact that Mr. Palmer's client is also a serial objector in class action matters RAISES ADDITIONAL ISSUES AS TO THE LEGITIMACY of the objection...Aside from the fact that the Court finds that the objection is LAWYER-DRIVEN AND APPEARS TO BE BROUGHT FOR AN IMPROPER MOTIVE, AND WOULD OTHERWISE DELAY IMPORTANT SAFETY BENEFITS TO THE SETTLEMENT CLASS MEMBERS, the Court also finds that the objection is without merit, without evidentiary support and rests on inaccurate premises and mischaracterizations of the settlement (emphasis added)." (See Final Approval Order, pages 21-22)

Attachments Objection of Patrick S. Sweeney.pdf
Response to Sweeney Objection.pdf
Reply to Response to Sweeney Objection.pdf
Appeal of Objector Sweeney.pdf
Amended Appeal of Objector Sweeney.pdf
Dismissal of Sweeney Appeal.pdf
Sweeney Appeal Docket.pdf
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