Skip to content

Menu

LexBlog, Inc. logo
NetworkSub-MenuBrowse by SubjectBrowse by PublisherJoin the NetworkGet StartedSubscribeSupportContact
Search
Close

Seventh Circuit Denies Rehearing En Banc In Thorogood And Provides Comments On Class Action Abuses

By Dana Howells on December 9, 2010
Email this postTweet this postLike this postShare this post on LinkedIn

Co-authored by Dana Howells and Jennifer Riley

In a previous post on Thorogood v. Sears, Roebuck & Co., a panel of the Seventh Circuit used the All Writs Act, 28 U.S.C. 1651(a), to halt a consumer class action brought in California that was essentially a copycat of an earlier case where the Seventh Circuit had denied class certification. Our previous post on November 8 recounts the convoluted history of the class action. Plaintiff’s petition for rehearing and rehearing en banc was denied on December 2, 2010, with not a single judge voting in favor [view ruling].

Judge Richard Posner wrote an opinion nonetheless to answer the arguments advanced by plaintiffs’ counsel in seeking a rehearing en banc. Judge Posner’s observations on the nature of class action abuses, supported by copious citations, are nothing short of extraordinary. Well worth a quick read, it lays out the economic metrics in class actions and attacks the abuses inherent in certain types of class actions where class counsel’s fees drive the litigation dynamics.

Photo of Dana Howells Dana Howells

Dana is of counsel in the Labor and Employment Department in the Los Angeles office of Seyfarth Shaw LLP. Ms. Howells focuses her practice on advising businesses on all aspects of employment relationships from pre-hire screening to terminations and reductions-in-force. Areas of concentration…

Dana is of counsel in the Labor and Employment Department in the Los Angeles office of Seyfarth Shaw LLP. Ms. Howells focuses her practice on advising businesses on all aspects of employment relationships from pre-hire screening to terminations and reductions-in-force. Areas of concentration include ERISA and employee benefits, discrimination, wage and hour, contacts, severance, compensation, FMLA and mandated leaves, disability/reasonable accommodations, harassment/internal investigations, privacy and workplace violence prevention. In addition to advising employers on compliance and problem-solving, Ms. Howells has represented employers before administrative agencies, self-regulatory agencies, in jury and bench trials, and before state and federal appellate courts. Depending on the client’s goals, she has resolved many disputes through arbitration, mediation and negotiation.

Read more about Dana HowellsEmail
Show more Show less
  • Posted in:
    Class Action & Mass Torts
  • Blog:
    Workplace Class Action Blog
  • Organization:
    Seyfarth Shaw LLP
  • Article: View Original Source

Call us at 1-800-913-0988 or email sales@lexblog.com.

Facebook LinkedIn Twitter RSS
The Library at LexBlog
  • About LexBlog
  • The Field We Built
  • Library at LexBlog
  • Our Beliefs
  • Our Team
  • Contact LexBlog
  • Disclaimer
  • Editorial Policy
  • Terms of Service
  • Get Started
  • Publishing Solutions
  • Compass
  • Submit a Request
  • Support Center
  • System Status
Copyright © 2026, LexBlog, Inc. All Rights Reserved.
Law blog design & platform by LexBlog LexBlog Logo