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According to court documents filed Friday in California federal court, plaintiffs are seeking preliminary approval of a class action settlement over allegations BSH Home Appliances Corp. manufactured front-loading washers that were prone to developing mold, biofilm and foul odors.
Last month, U.S. District Judge David O. Carter granted a stay in the moldy washer class action lawsuit after the parties informed him they had tentatively reached a deal.
On Friday, the plaintiffs urged the judge to approve the proposed BSH moldy washer class action settlement, arguing that the deal would be especially valuable to Class Members in light of a recent verdict handed down in favor of Whirlpool Corp. in a similar class action lawsuit over allegedly defective front-loading washers.
“The Settlement readily meets the standard for preliminary approval because it is the product of serious, arm’s-length negotiations between the parties reached after substantial and hard-fought litigation and thorough investigation,” the plaintiffs say in support of the moldy washer class action settlement. “Most importantly, the Settlement provides substantial relief to the Settlement Class and is fair, reasonable, and adequate given the alleged harm, the value provided to Class Members, and the litigation risks.”
The BSH front-loading washer class action lawsuit was initially filed in July 2010 and alleged that BSH manufactured, marketed, advertised and sold Bosch and Siemens brand front-loading washers that are prone to developing mold, mildew, bacteria and/or other biofilm, which can lead to foul odors. The front-loading washing machines also allegedly required “extraordinary upkeep” to prevent these conditions from developing. The plaintiffs brought claims against BSH for violations of state consumer protection statutes, breach of express and implied warranties, fraudulent concealment and unjust enrichment.
The plaintiffs seek to certify a Settlement Class of all U.S. residents who were the original purchasers of one or more Bosch or Siemens brand 27-inch front-loading washing machines. Under the terms of the BSH class action settlement, each Class Member is eligible to receive a $55 cash payment.
A website has been established with more information about the BSH front-loading washer class action lawsuit. However, it has not yet been updated with information about the proposed class action settlement. A trial for the BSH moldy washer lawsuit was scheduled to begin on Jan. 13, 2015. According to court documents, Judge Carter will be asked to decide whether to preliminarily approve the moldy washer settlement on Jan. 12, 2015.
More information about the BSH moldy washer class action settlement was not immediately available. Keep checking TopClassActions.com or sign up for our free newsletter for the latest updates. You can also mark this article as a “Favorite” using your free Top Class Actions account to receive notifications when this article is updated.
The plaintiffs are represented by Kristen L. Sagafi, Brendan P. Glackin and Nimish R. Desai of Lieff Cabraser Heimann & Bernstein LLP.
The BSH Moldy Washer Class Action Lawsuit is Diana Tait, et al. v. BSH Home Appliances Corp., Case No. 8:10-cv-00711, in the U.S. District Court for the Central District of California.
UPDATE: Claim filing instructions for the BSH moldy washer class action settlement are now up! Click here or visit www.BoschSiemensWashingMachinesClassAction.com for details.
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2 thoughts onPlaintiffs Seek Approval of BSH Moldy Washer Settlement
UPDATE: Claim filing instructions for the BSH moldy washer class action settlement are now up! Click here or visit http://www.BoschSiemensWashingMachinesClassAction.com for details.
I have a VERY moldy washer and musty oder an water doesn’t drain akl from the drum…I have filed a complaint already so please help with this moldy n stinky smell of this fridgidaire plz call or e-mail me and let me know something ….thank you happy holidays