Plaintiffs’ Firms Owe Fees in Failed Menards Rebate Lawsuit

Two law firms who filed a class complaint against Menard Inc. over rebates at its home improvement stores must pay some attorneys’ fees after a federal judge in Wisconsin ruled that it was “reckless” to continue pursuing the litigation following discovery requests.

In February 2020, named plaintiffs including Barry Earls and Trent Shores filed the suit alleging they didn’t receive their mail-in rebates from Menards’ “11% Off Everything” rebate promotion. Tycko & Zavareei LLP and Benesch, Friedlander, Coplan & Aronoff LLP filed the suit for them.

The named plaintiffs later voluntarily dismissed their claims, citing a “recent disclosure of certain facts surrounding Plaintiffs claims.”

Menards sought attorneys’ fees from both firms for the entirety of the litigation. Judge James D. Peterson of the U.S. District Court for the Western District of Wisconsin partially granted that motion, finding that Menards was owed attorneys’ fees incurred after Nov. 25, 2020, when plaintiffs submitted responses to Menards’ discovery requests.

Those requests “directed plaintiffs to produce evidence that would have disproved many of their allegations,” Peterson added. The court noted that Earls and Shores didn’t make any purchases under the rebate promotion.

Other named plaintiffs alleged they never received their rebates, but acknowledged that they received and redeemed them for the correct amounts, according to the court.

Menards is represented by Freeborn & Peters LLP.

The case is Earls v. Menard Inc., W.D. Wis., No. 3:20-cv-00107, 3/31/22.