Thorogood v. Sears, Roebuck and Co.

Dist. Ct. erred in denying defendant’s motion under All Writs Act to enjoin plaintiff from prosecuting virtually identical class action lawsuit in other courts where: (1) plaintiff’s class action alleging deceptive advertising with respect to defendant’s clothes dryer had been previously decertified; (2) record showed that plaintiff’s counsel engaged in abuse of litigation by making voluminous discovery requests in order to generate settlement value in similar subsequent class action lawsuit that otherwise had little merit; and (3) Dist. Ct. erroneously believed that other courts would apply doctrine of collateral estoppel to prevent plaintiff from prosecuting similar lawsuits. Moreover, Ct. of Appeals found that all members of original class that were decertified, as well as their lawyers, should be part of said injunction.