GE Moldy Washing Machine Class Action Lawsuit Dismissed

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A class action lawsuit accusing General Electric Co. of manufacturing washing machines that are prone to growing mold and mildew has been dismissed.

Lead plaintiffs Stanley Fishman, Suzanne Bowswer, and Vicky Plunkett alleged in their GE washing machine class action lawsuit that GE’s front-loading washing machines have design defects that cause them to accumulate mold and mildew and produce an offensive odor that permeates the washing machine and anything inside it, including clothes and that GE made numerous misrepresentations to conceal these defects.

In May 2013, U.S. District Judge William J. Martini dismissed six of the seven claims in the GE washing machine class action lawsuit. Judge Martini dismissed the remaining claims on April 23, finding that the plaintiffs had failed to provide adequate information to support them.

With regard to the plaintiffs’ claims that GE had committed fraud, the judge pointed out “[t]he Second Amended Complaint falls short of meeting Rule 9(b)’s heightened pleading standard,” and “[p]laintiffs failed to provide essential dates, such as the dates on which Plaintiffs contacted GE.”

“Plaintiffs have also failed to identify when certain allegedly false representations were made” the judge also noted in his opinion, “[f]or instance, while Plaintiffs allege that the washing machines do not ‘self-clean,’ they cite to no representation from GE claiming that the washing machines self-clean. Thus, the allegations in the Amended Complaint are not sufficient to place the defendant [or the Court] on notice of the precise misconduct . . . charged.”

The opinion continues, “furthermore, the Second Amended Complaint fails to sufficiently allege that Plaintiffs suffered an ascertainable loss,” therefore the judge concluded “[p]laintiffs have not set forth facts showing ‘either out-of-pocket loss or a demonstration of loss in value.'”

“To satisfy Rule 9(b)’s heightened standard” the judge instructed in the opinion, “[p]laintiffs must make a more detailed attempt to ‘quantify the difference in value between the promised product and the actual product received.'” The judge dismissed these claims without prejudice.

Regarding the plaintiffs’ claims based on GE purported breach of express and implied warranties, the judge again determined that the GE washing machine class action lawsuit did not contain enough information about the alleged breach to support the claims. The judge pointed out “[u]nder New Jersey law, in order to state a claim for breach of express warranty, Plaintiffs must allege: (1) that Defendant made an affirmation, promise, or description about the product; (2) that this affirmation, promise, or description became part of the basis of the bargain for the product; and (3) that the product ultimately did not conform to the affirmation, promise, or description.”

“Regarding the Express Warranty, Plaintiffs have failed to allege that they contacted GE during the one-year warranty period,” stated the judge, and, “[p]laintiffs do not provide language from any advertisements, promotional or marketing materials, point-of-sale displays, or product specifications in which GE stated that the washing machines would self-clean.”

“The Second Amended Complaint also does not state an implied warranty claim, because it fails to allege that Plaintiffs contacted GE within a one-year period from purchase,” and GE’s Owners manual contained a disclaimer the court found would “limit any implied warranties to a one-year period, are clear and conspicuous and, therefore, enforceable.” The judge dismissed these claims without prejudice.

The plaintiffs had also moved to strike portions of declarations. The judge dismissed this motion with prejudice.

The plaintiffs are represented by James E. Cecchi, Lindsey H. Taylor, Caroline F. Bartlett and Donald A. Ecklund of Carella Byrne Cecchi Olstein Brody & Agnello PC, Jonathan Shub and Scott A. George of Seeger Weiss LLP and Paul M. Weiss and Richard J. Burke ofComplex Litigation Group LLC.

The GE Washing Machine Mildew Class Action Lawsuit is Stanley Fishman, et al. v. General Electric Co., Case No. 12-cv-585 (WJM), U.S. District Court, New Jersey.