Designed to remove solid and liquid debris from surfaces by use of an electric powered suction, Emerson Ridgid Wet-Dry Vacuums are the focus of a class action lawsuit.
Wet/dry vacuums are supposed to be able to lift materials that are heavier than materials a conventional household vacuum cleaner has the power to remove; therefore, the power of a wet-dry vacuum is a critical purchasing issue to consumers. Emerson charges a premium for its Ridgid Wet/Dry Vacuums, which are touted to offer higher horsepower ratings.
Plaintiffs in a class action lawsuit allege that the Emerson Ridgid Wet/Dry cacuums are not able to reach the higher horsepower ratings advertised, even though consumers are charged for increased horsepower. Allegations also indicate that the horsepower ratings stated on different models of the Ridgid Wet/Dry vacuums are all materially overstated when measured or calculated through generally acceptable scientific methods and equations.
The complaints also allege that the higher priced Emerson Ridgid models are “not reasonably capable of attaining their stated increased horse power ratings,” and that Emerson was involved in a widespread marketing campaign to mislead consumers about the nature of its vacuums.
Meanwhile, national law firm, Parker Waichman LLP, just announced that firm partner Jordan Chaikin has been appointed to the Executive Committee of the Plaintiff’s Leadership Team in the Emerson Ridgid Wet-Dry Vacuum multidistrict litigation (MDL). The Order was filed on May 31.
According to the court papers, the MDL centralizes Emerson Electric Co. lawsuits pertaining to allegedly false claims that Emerson made about its Ridgid-branded wet/dry vacuum in the United States District Court for the Eastern District of Missouri, Eastern Division, before the Honorable Henry Edward Autrey, U.S. District Judge. The MDL consists of multiple cases in which numerous plaintiffs allege that Emerson misrepresented the product’s peak horsepower and tank capacity.
On August 15, 2012, the United States Judicial Panel on Multidistrict Litigation (JPML) consolidated these cases into the single MDL case now before the Court. The MDL, number: 2382, is entitled In Re: Emerson Electric Co. Wet/Dry Vac Marketing and Sales Litigation (Case: 4:12-md-02382-HEA).