Plaintiffs Stand By Claims in GE Microwave Class Action Lawsuit

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According to allegations in a class action lawsuit initially filed in 2013 by Glen Grayson and Doreen Mazzanti, plaintiffs say that certain microwaves manufactured by General Electric have doors that are riddled with defects. They say the glass in their microwave doors has shattered and exploded outward, posing a potential health hazard.

Both Grayson and Mazzanti allege that their GE microwave doors shattered when they were not in use about two to three years after purchase. Grayson paid for a replacement for the GE door and that one shattered as well shortly after replacement, the class action lawsuit alleges.

Grayson and Mazzanti brought counts against GE for breaches of express and implied warranty and unjust enrichment as well as violations of the federal Magnuson-Moss Warranty Act, and violations of New York and Ohio consumer protection laws.

In April, U.S. District Judge Warren W. Eginton ruled to dismiss the breach of implied warranty claims and violation of the Ohio Consumer Sales Practice Act from the GE microwave class action lawsuit. All other claims were allowed to remain, finding that Grayson and Mazzanti had adequately pleaded breach of express warranty, fraudulent concealment, violations of the Magnusson-Moss Warranty Act and unjust enrichment.

The lead plaintiffs in the GE microwave class action lawsuit allege that the defendant was well aware of defects of certain models of microwave ovens, as service bulletins were sent out to technicians making them aware of the issues with shattering doors. A recall of the microwaves was never issued, nor were customers warned, the GE microwave class action lawsuit alleges.

Several cases have been consolidated into a larger case because the claims were substantially identical across the lawsuits. This consolidation took place on July 20, 2015. Plaintiffs Daniel Levy, David Mequet and Lauren Harris were added to the original class action lawsuit filed by Glen Grayson and Doreen Mazzanti.

On Tuesday, Sept. 8, the most recent activity in the GE microwave class action lawsuit involved a motion filed by the plaintiffs to oppose GE’s partial motion to dismiss seven of the 18 claims.

GE tried to argue that Levy’s Consumer Warranty Act claims were improper, and that Levy and Merquet’s unjust enrichment claims were improper. The defendants also tried to dismiss the breach of express warranty claims by Florida resident Harris, and breach of implied warranty claim by Harris.

Plaintiffs reminded the court of the claims that were allowed to stay in April and noted that the claims of residents in California, Texas and Florida were nearly the same. They also noted that 11 of the claims were not asked to be dismissed from the class action lawsuit by the defendants.

If the court honors the plaintiffs’ request to not dismiss, a total of five states would be represented in class GE microwave class action lawsuit over the alleged defective door.

The plaintiffs are represented by Mark P. Kindall, Robert A. Izard and Seth R. Klein of Izard Nobel LLP, and Hassan A. Zavareei and Anna C. Haac of Tycko & Zavareei LLP.

The GE Microwave Class Action Lawsuit is Glen Grayson and Doreen Mazzanti, et al. v. General Electric Company, Case No. 3:13-cv-01799, in the U.S. District Court for the District of Connecticut.