Sixth Circuit Reinstates Whirlpool Washing Machine Class Action Lawsuit By Anne Bucher A beleaguered class action lawsuit accusing Whirlpool of defectively manufacturing front-loading washing machines that are prone to mold growth and foul odors has been allowed to continue, once again. In April, the U.S. Supreme Court reversed a ruling by the Sixth Circuit Court of Appeals that allowed the Whirlpool washing machine class action lawsuit to proceed, and remanded the case back to the Sixth Circuit. Whirlpool argued that the members of the class action lawsuit did not have enough in common to be certified as one class. According to Whirlpool, the putative class members had purchased different models of the front-loading washing machine and they were not all injured in the same way. Whirlpool also claims that a class action lawsuit is inappropriate under federal standards because the alleged defect affects only 3 percent of their washers. An Ohio federal judge certified the class and the Sixth Circuit Court of Appeals upheld that decision in 2010. Whirlpool appealed, and the case went to the Supreme Court, which reversed the Sixth Circuit Court of Appeals decision and remanded the case so the court could reconsider its decision. In their July 18 decision, the Sixth Circuit found that the putative members of the Whirlpool washing machine class action lawsuit shared similar allegations about a design flaw in Whirlpool’s front-loading washing machine. “Because all Duet owners were injured at the point of sale upon paying a premium price for the Duets as designed, even those owners who have not experienced a mold problem are properly included within the certified class,” the appeals court said. This decision will affect the nearly 163,000 washing machines that were sold in Ohio between 2002 and 2009. The class action lawsuit will be handled in Ohio federal court. The Whirlpool front-loading washer defect class action lawsuit was initially filed by Gina Glazer and Trina Allison. They complained that, despite following Whirlpool’s recommendations, their front-loading washers became affected by a foul-smelling mold that they could not get rid of. They allege that Whirlpool’s Duet, DuetHT, DuetSport, and DuetSportHT models were poorly designed and susceptible to mold and mildew growth. While Whirlpool offered numerous tips on how to get rid of the mold and mildew, the plaintiffs were unable to do so. They spent significant time and money in their attempts to get rid of the foul-smelling mold. Plaintiffs claim that their washers began to stink just months after they were purchased. While some plaintiffs noticed the smell of mold or mildew, others actually observed mold growing on the rubber door seal. They allege that they routinely left the washer door open to allow the device to dry completely, as was recommended by Whirlpool. Glazer and Allison claim that they were unaware of the potential mold issues when they purchased their washing machines. They insist that they would not have purchased the Duet models had they known about this tendency. A similar class action lawsuit is currently pending before the Seventh Circuit Court of Appeals. In that case, consumers accused Sears Roebuck & Co. of selling defective Whirlpool front loading washing machines. The Whirlpool Duet Washing Machine Class Action Lawsuit is In re: Whirlpool Corporation Front-Loading Washer Products Liability Litigation, Case No. 10-4188, in the U.S. Court of Appeals for the Sixth Circuit.
Posted on: Tue, 06 Aug 2013 23:37:58 +0000