In re Shop-Vac Marketing and Sales Practices Litigation

Case # 12-md-02380
Case Name In re Shop-Vac Marketing and Sales Practices Litigation
Jurisdiction US District Court for M.D. PA
Summary

Shop-Vac manufactures and sells wet and dry vacuum cleaners, including certain models only available at Lowe's.  Plaintiffs allege that the horsepower and holding capacity of these vacuums was overstated, leaving consumers with less powerful and effective vacuums than they believed they were purchasing.

Final Approval Date 12/09/2016
Result
  1. Final Approval granted.
  2. All objections were overruled.
  3. Objectors Vullings and Morales appealed the Final Approval.
  4. Class counsel motioned for an appeal bond of $32,000 from the Objector-Appellants.
  5. The Court granted an appeal bond of $5,000 from each Objector-Appellant.
  6. Objector Vullings appealed the issuance of the appeal bond and motioned for a stay of the bond.  The stay was denied.
  7. Both objectors posted the appeal bond.
  8. Both objections were voluntarily dismissed.
Dismissal of Last Appeal 03/06/2017
Attachments Docket Report.pdf
Second Consolidated Amended Complaint.pdf
Preliminary Approval Order.pdf
Plaintiffs' Response to Objections.pdf
Memorandum of Final Approval.pdf
Order Granting Motions for Appeal Bond.pdf
Order Denying Motion to Stay Appeal Bond.pdf
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Objection of Michelle W. Vullings

Objectors Michelle W. Vullings
Signers Michelle W. Vullings
Brent F. Vullings
Attorneys Brent F. Vullings
Summary
  1. Settlement lacks meaningful injunctive relief.
  2. Efficacy of the notice plan is questionable.
  3. Class representative incentive award is excessive.
  4. Attorneys' fees are excessive.
  5. Class administration costs are excessive.
  6. Opt-out procedures are overly burdensome.
Attachments Objection of Michelle Vullings.pdf
Vullings Appearance for Objector Vullings.pdf
Appeal of Objector Vullings.pdf
Motion for Objector-Appellant Vullings to Post Appeal Bond.pdf
Vullings Opposition to Motion for Appeal Bond.pdf
Reply in Support of Vullings Appeal Bond.pdf
Appeal of Objector Vullings (Bond).pdf
Vullings Motion to Stay Appeal Bond.pdf
Dismissal of Vullings Appeal.pdf
Vullings Appeal Docket.pdf
Vullings Appeal Docket (Bond).pdf
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Objection of Shirley Morales

Objectors Shirley Morales
Signers Shirley Morales
Attorneys Mardi Harrison
Summary
  1. Injunctive relief is inadequate.
  2. Warranty relief is inadequate.
  3. Release is overbroad.
  4. Attorneys' fees should be withheld until value of injunctive and warranty relief is known.
  5. Warranty provisions should be considered coupons.
Attachments Objection of Shirley Morales.pdf
Harrison Appearance for Objector Morales.pdf
Morales Deposition Transcript.pdf
Appeal of Objector Morales.pdf
Motion for Objector-Appellant Morales to Post Appeal Bond.pdf
Morales Opposition to Motion for Appeal Bond.pdf
Reply in Support of Morales Appeal Bond.pdf
Dismissal of Morales Appeal.pdf
Morales Appeal Docket.pdf
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