U.S. District Court Judge Matthew F. Kennelly has denied Char-Broil LLC’s motion to dismiss a proposed class action lawsuit regarding allegedly defective electric smokers. The lawsuit continues after the judge’s 18-page order rejected all arguments made by the grill manufacturer.
Key Issues
- The lawsuit involves Char-Broil’s Deluxe Black Digital Electric Smokers that allegedly shocked users
- Over 210,000 smokers were recalled nationwide in February 2024
- Repair kits provided after the recall allegedly failed to fix the issues
- Products cost between $300-$600
Judge’s Ruling
Judge Kennelly determined that:
The case belongs in court rather than with the Consumer Product Safety Commission
The plaintiffs adequately alleged deceptive conduct by Char-Broil
Claims of express warranty violations can proceed
Char-Broil’s representation of the smokers as “safe to use” and “hassle free” constituted express warranties
Legal Representation
The consumers in this class action are represented by:
- Mason A. Barney and Lisa R. Considine of Siri Glimstad LLP
- Kevin Laukaitis of Laukaitis Law LLC
- Frank R. Schirripa and Daniel B. Rehns of Hach Rose Schirripa & Cheverie LLP
- Char-Broil is represented by Lori B. Leskin and Nicholas C. Zebrowski of Arnold & Porter Kaye Scholer LLP.