Software class action survives bid to scrap it

Trial Notebook

By Steven P. Garmisa

Hoey & Farina

Posted January 10, 2019 3:35 PM

Updated January 11, 2019 12:21 PM

As part of SpeedyPC Software’s interlocutory appeal from orders certifying Archie Beaton’s complaint as a class action under Federal Rule of Civil Procedure 23 — with a nationwide breach-of-warranty class and an Illinois consumer fraud subclass — SpeedyPC reminded the 7th U.S. Circuit Court of Appeals “that we have frowned upon class treatment as a poor fit for warranty and fraud claims because they can involve so many individualized issues.”Affirming, Chief Judge Diane P. Wood explained …

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