Lowe’s, Chervon attempt to dismiss class action over explosive batteries

Chervon and Lowe’s class action overview:

• Who: Chervon North America Inc. and Lowe’s Home Centers LLC filed a motion to dismiss a class action lawsuit.
• Why: The companies argue that a December 2024 recall of allegedly defective lithium-ion batteries already provided all the relief the plaintiff could receive.
• Where: The class action motion was filed in Illinois federal court.

Chervon North America Inc. and Lowe’s Home Centers LLC are urging an Illinois federal court to throw out a class action lawsuit alleging they knowingly made and sold lithium-ion batteries that were prone to overheating and combusting.

The companies filed a motion to dismiss the class action lawsuit on June 13, arguing that the December battery recall already provided all the relief the plaintiff could receive.

In the motion, the companies argue that plaintiff Anthony Desparrois has not alleged he was injured or even that his battery overheated. Additionally, his supposed injury would be redressed if he had participated in the recall overseen by the U.S. Consumer Product Safety Commission, which offered full replacements and refunds to those with the affected batteries.

“The mere possibility or risk of harm from buying the battery is not enough to confer standing,” Chervon and Lowe’s argue.

In addition, the companies argue that Desparrois does not have standing for an injunction because he is both aware of the alleged defect and the batteries in question are no longer being sold.

Chervon, Lowe’s argue plaintiff fails to sufficiently plead claims

Desparrois claims in his complaint, which was removed to federal court in April, that Chervon knew or should have known that tens of thousands of batteries it made were so defective that they could burst into flames.

Lowe’s possibly knew about the issue with the product prior to the December 2024 recall following reports of the batteries overheating and exploding, but it failed to take prompt action, Desparrois claims.

Chervon and Lowe’s argue Desparrois failed to sufficiently plead any of the 10 counts in his complaint. They also contend that the unjust enrichment claim should be dismissed because Desparrois fails to allege any details about his purchase, where it happened or whether he bought the battery from either defendant.

Moreover, Desparrois failed to give the companies notice of any breach of warranty prior to filing suit, Chervon and Lowe’s argue. 

What do you think of the claims in this Chervon and Lowe’s class action motion? Let us know in the comments.

Desparrois is represented by Troy E. Walton of Walton Telken LLC and Paul J. Doolittle of Poulin Willey Anastopoulo.

The Chervon and Lowe’s class action lawsuit is Desparrois v. Chervon North America Inc., et al., Case No. 3:25-cv-00551-NJR, in the U.S. District Court for the Southern District of Illinois.

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