On Monday, the U.S. Supreme Court declined to hear appeals from washing machine manufacturers and retailers who were facing class action lawsuits over allegations that their front-loading washers were defective and susceptible to mold growth.
Plaintiffs in the moldy washer class action lawsuits argued that the front-loading washing machines did not clean themselves properly, resulting in mold growth and a musty smell. The appliance manufacturers and retailers argued that only a small number of the washing machines had these problems and that the vast majority of consumers weren’t harmed by the alleged defect.
Whirlpool Corp., BSH Home Appliance Corp. and Sears Roebuck & Co. each submitted a writ of certiorari, arguing that Class Members of the front-loading washer defect class action lawsuits had not met the predominancy requirements for certification of their class action lawsuits. The appliance companies argued that the alleged defects between the different brands were not similar enough to be heard at the same time.
The Supreme Court’s decision not to hear the appeal is a big win for consumers who allege they purchased defective front-loading washing machines that became moldy or emitted musty odors when used as directed. The high court did not explain why it refused to hear the moldy washing machine cases.
Class certification for the moldy washing machine lawsuits was reversed after the Supreme Court’s landmark Comcast v. Behrend decision last March, which found that the proposed Comcast class was too diverse to justify class action lawsuit status. This decision was widely viewed as a huge hurdle for plaintiffs seeking class certification.
Following the Comcast decision, the 6th and 7th Circuit Courts of Appeals again ruled in favor of the plaintiffs in the moldy washing machine lawsuits. The defendants again appealed the decision, hoping that the Supreme Court would continue to take a hard stance against class action lawsuits.
In addition to the Comcast decision, the Supreme Court has recently limited the rights of plaintiffs seeking to certify class action lawsuits. In 2011, the high court ruled that AT&T could enforce arbitration clauses that would force customers into arbitration and deny them access to class action lawsuits. Last year, the Supreme Court ruled in AmEx v. Italian Colors that a customer could not get out of a contractual ban on class action lawsuits, even if they claimed an “effective vindication” exception.
The Supreme Court’s refusal to hear the appeals of the front-loading washing machine defect lawsuits has been viewed by attorneys and legal experts as a setback for business groups that sought to build on the Comcast, AmEx and AT&T decisions.
The plaintiffs are represented by Jonathan Selbin and Jason Lichtman of Lieff Cabraser Heimann & Bernstein LLP and Samuel Issacharoff of New York University School of Law.
The Front-Loading Washing Machine Defect Class Action Lawsuits are Whirlpool Corp. v. Gina Glazer, et al., Case No. 13-431; Sears Roebuck & Co. v. Larry Butler, et al., Case No. 13-430; and BSH Home Appliances Corp. v. Cobb, et al., Case No. 13-138, in the U.S. Supreme Court.
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32 thoughts onSupreme Court Won’t Hear Moldy Washer Class Action Lawsuit Appeal
How do you get in on this lawsuit?? I have the stinkiest moldy LG front loader – and I thought it was a problem we just had to deal with…..I had no clue there was a class action about it. I am sick of having my stuff stink, after it is freshly laundered….
Who do we contact about joining this
We have a GE front load that has mold. Who do we contact for information on a settlement?
I also battle the growing mold and oder. Would also like the info on how to get in on this lawsuit. This is the first I’m hearing of it.
I have a Frigidaire front load washer. I’ve used the Affresh tablets, Tide washing machine cleaner, as well as other washing machine cleaners (some with bleach); I’ve even used a toothbrush but nothing works. It’s still moldy and smelly.
Meant to say same “smell” moldy – plus I bought the extrended warranty which of course didn’t help.
Perhaps manufacturers need to start putting a warning on these machines – nobody wants that awful smell in their homes!
I have a Fridgedaire front loader with same small and black moldy marks. I have found spraying Febreeze after every load helps along with keeping the door open but interested in becoming part of this suit also. What are the directions/website to do this?
I have a samsung from sears as well and have the same problem! If I don’t take the load out the second it is done washing it will take 2 or 3 washes to get rid of the smell!! It is Awful to deal with!!
I own a Whirlpool front load washer & dryer. How do I become part of the class action suit.
I have a samsung and i have the same moldy, musty problem. I am also interested in in becoming part of this lawsuit.
This is wonderful news. As an owner of a LG moldy washer I sure hope we get resolution on these cases. Thanks again Top Class Action for the news.
now I know why my LG front loader smells moldy
I had the technician come out 3 times during the warranty period to see what could be done. His suggestions were: place a fan in front of the the washer and leave the door open, run a load of bleach water every other load and buy a dehumidifying product to place in unit when not in use, and the best was…”you live too close to the beach just get use to it”..
My LG front loader has caused me so much with the odor and extra water, energy and cleaning products that I have to use to get my clothes somewhat clean. I will never recommend a front loader to anyone.
I agree!! I also have an LG washer that smells horrible unless the door is left wide open after every use. Even with that we have to buy the “cleaner” for the front loaders that is “supposed” to get rid of the musty smell. Doesn’t work so great, but at least it helps…