Brandon Butler v. Mattel Inc., et al.
Published: Mar. 29, 2014 | Result Date: Feb. 24, 2014 | Filing Date: Jan. 1, 1900 |Case number: 2:13-cv-00306-DSF-SS Bench Decision – Class Certification Denied
Court
USDC Central
Attorneys
Plaintiff
C. Brooks Cutter
(Cutter Law PC)
Timothy N. Mathews
(Chimicles & Tikellis LLP)
Christina D. Saler
(Cohen, Milstein, Sellers & Toll PLLC)
Thomas D. Mauriello
(Mauriello Law Firm APC)
Defendant
Erik C. Swanholt
(Foley & Lardner LLP)
Facts
Brandon Butler filed a class action against Mattel Inc. on behalf of consumers who purchased a Fisher-Price Newborn Rock 'n Play Sleeper prior to Jan. 8, 2013.
Contentions
PLAINTIFF'S CONTENTIONS:
Butler contended that the Sleeper was defective because it developed mold, which could cause skin irritation to infants. Butler filed a motion for class certification.
Result
The court denied class certification because Butler failed to show that mold was a common problem across the entire class or even frequently experienced among the class.
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