Sears Moldy Washer Class Action Lawsuit Certified

After 10 years of litigation, an Illinois federal judge grants class certification to a Sears moldy washer lawsuit that alleged a design defect caused the machines to accumulate unusual amounts of mildew.

This decision reverses a judgment made four years ago to deny the Class certification request made by a group of plaintiffs who claimed certain Whirlpool manufactured Kenmore washing machines contained a defect that prevents adequate water drainage.

U.S. Magistrate Judge Mary M. Rowland ruled in favor of the plaintiffs claiming that potential Class Members could join together for a single, common issue of liability of whether or not the Sears washers are defective. Judge Rowland further stated that any complications caused by design differences in various washing machine models “can be handled by the creation of subclasses,” if necessary.

The original Sears moldy washer class action lawsuit was filed by Illinois residents Karen Freeman and Peggy Lemley who alleged that some Kenmore front loading washing machines manufactured by Whirlpool contained serious flaws. The two plaintiffs claimed that the smell of mold coming from the machines would permeate their homes if the washer doors were left open.

Freeman and Lemley further alleged that the clothes washed in the Kenmore machines would be left with a foul odor. For these allegations, the plaintiffs filed the Sears lawsuit claiming the washing machines were unusable for the purpose in which they were marketed and sold to consumers.

The group of plaintiffs in the moldy washer class action lawsuit claim that Whirlpool made different design changes to machines over the years and Sears started to include amendments to the washer care guidelines which may have indicated that they were aware there was a mold problem. According to court documents, over the years consumers were advised to leave the washer door open in between uses and to remove mildew on the rubber door seal by using bleach to clean it.

Sears continues to opposes the class action certification alleging that the “plaintiffs cannot prove a common, classwide injury” because not “all washers build up such an excessive amount of [mold] that it … prevents adequate cleaning of clothes.”

This has been a long and persistent legal process for the lead plaintiffs who pointed to similar rulings in other moldy washer lawsuits that were granted class action status. In 2014, the U.S. Supreme Court denied listening to an appeal that would grant a Sears moldy washer class action lawsuit from moving forward.

After the Supreme Court ruling, lead plaintiff Larry Buttler continued with his pursuit of a moldy washer class action litigation arguing that Whirlpool allegedly indicated that in the majority of 21 different washer models, mold existed even if consumers did not detect its growth. This prior legal pursuit helped pave the way for the latest Sears lawsuit to obtain Class certification.

The Sears moldy washer class action lawsuit is open to all Class Members who currently reside in Illinois and who purchased certain models of Whirlpool manufactured, Kenmore brand front-load washing machines for primarily personal, family or household purposes and not for resale in the state of Illinois.

The Class is represented by Lieff Cabraser Heimann & Bernstein LLP, Carey Danis & Lowe, and Chimicles & Tikellis LLP.

The Sears Moldy Washer Class Action Lawsuit is Joseph Leonard, et al. v. Sears Roebuck and Co., et al., Case No. 1:06-cv-07023, in the U.S. District Court for the Northern District of Illinois, Eastern Division.