On the Merits

Bradley Arant appellate litigation partner Kevin C. Newsom was recently invited to write for Washington Legal Foundation’s “On the Merits,” which spotlights cases of particular interest pending in appellate courts nationwide. Newsom was asked to write a mock “opinion” reflecting an appellate ruling overturning the trial court’s decision. The case involved a putative class action against Electrolux Home Products, alleging that certain models of Frigidaire-branded, front-loading washing machines contained a “common defect.” With assistance from Bradley Arant associate Anna Manasco, Newsom argued that the district court erred in certifying the class, failing to consider the defendant’s evidence that proof of consumer fraud was highly individualized and erroneously resolving threshold legal and factual questions.

Read the complete Washington Legal Foundation’s “On the Merits” article, which first appeared September 11, 2015.