Whirlpool Wins Moldy Washer Class Action Lawsuit

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On Thursday, Whirlpool Corp., which was accused of producing defective washing machines that produced a smelly mold, won the jury verdict in Ohio federal court.

Lead plaintiffs Gina Glazer and Trina Allison had alleged that 20 of Whirlpool’s front-loading washing machines sold in Ohio from 2001 until 2008 contained a defect that caused them to develop mold, mildew and foul odors.

The Whirlpool class action lawsuit went to jury trial in late September. On Thursday, an Ohio jury rejected the plaintiffs’ accusations, finding that Whirlpool did not negligently design the washing machines and had not breached its warranty.

“This is not the end of this fight, it is the end of the beginning,” lead counsel for the plaintiffs said in a statement. He indicated that the plaintiffs plan to appeal the verdict, saying, “We are by no means done standing up for the millions of consumers across the country to whom Whirlpool sold defective Whirlpool Duet and Sears Kenmore washers between 2001 and 2008 that develop mold, mildew and odors, and require extra maintenance to try to maintain. Until Whirlpool takes responsibility for selling defective washers, the fight will continue.”

“This is a major victory for Whirlpool, and a complete rejection of the class-action lawyers’ attempt to enrich themselves on the backs of consumers who have never had a complaint about their front-load washing machines,” said Whirlpool’s attorney.

The moldy washer class action lawsuit has been the subject of controversy starting in 2011 when the Class was certified. In February of this year, the U.S. Supreme declined to hear Whirlpool’s challenge to the Sixth Circuit’s determination about Class certification. The Sixth Circuit ruled in this case that the central question in the washer dispute is whether the machines were defective in causing foul-smelling mold to accumulate, and that the question is common to the whole Class, according to court documents.

The plaintiffs had come out on top again when U.S. District Judge Christopher Boyko rejected Whirlpool’s next attempt to decertify the proposed Class. Whirlpool contended that Glazer and Allison were inadequate and atypical Class representatives because the washer models they bought don’t represent all of the other models in the moldy washer class action lawsuit and that their experiences didn’t reflect the experiences of the other Class Members. Judge Boyko disagreed and determined that the alleged defect, causation and injury are common to all the Class Members.

In May of this year, the plaintiffs’ motion to modify their proposed Class to exclude those consumers whose machines were altered to incorporate design changes in 2009 was denied.

The lead plaintiffs are represented by Jonathan D. Selbin, Jason L. Lichtman and Mark P. Chalos of Lieff Cabraser Heimann & Bernstein LLP, and Robert T. Glickman of McCarthy Lebit Crystal & Liffman Co. LPA.

The Whirlpool Moldy Washer Class Action Lawsuit is In re: Whirlpool Corp. Front-Loading Washer Products Liability Litigation, Case No. 1:08-wp-65000, in the U.S. District Court for the Northern District of Ohio.