Thorogood v. Sears, Roebuck and Co.

Ct. of Appeals directed Dist. Ct. to vacate injunction that precluded member of proposed class action in prior class-action lawsuit regarding alleged misrepresentations made by defendant with respect to its clothes dryer from filing instant "copy-cat" class action in California state court, even though prior class action lawsuit had been dismissed. Under Smith, 131 S.Ct. 61, instant plaintiff, as neither party nor in privity with class representative in prior class action lawsuit, could not be bound by judgment in prior lawsuit. Moreover, record showed that class representative in prior class action lawsuit had failed to give instant plaintiff notice of pendency of said lawsuit.