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
My Kenmore Elite washer with steam flooded my laundry room and Den, then water shorted out my refrigerator on the opposite side of the wall! It ruined many towels, bedding and clothes plus the horrible mold smell filled my Den after leaving the door open! ( Made our asthma and allergies bad!) Still under warranty and they couldn’t fix it, Sears refused to cover the full repair cost and gave me a credit of less than half of what I paid for the washer. One repair man went outside and found an old 2×4 to lift the front of the washer because he couldn’t fix it. After clang-clang when spinning, the next tech removed it and then the leak became a flood! They replaced 6 or more parts and somehow the repairs showed parts being sent to the house, but not put on, so it couldn’t be under the Lemon Law until the tech’s put on 2 more parts! Never buy from Sears! I had been one of their old time customers and only bought appliances from them, but many years ago their customer service slowly became bad and now is the ultimate worst of all and their extended warranty is higher than any store.
I have a Samsung front load washer that leaves all laundry musty and stinky. My home also has a stench from the washing. Also, the washer will stop mid-cycle and will not restart. I mush unplug the machine, wait for a length of time and plug back in and restart the load from the beginning. Please advise.
I have a Samsung front landing washer and my jeans always smell horrible and I have to spray perfume in them prior to wearing them. I purchased the washer and dryer from Sears when I purchased my home. I’m glad to now know what the problem is. How can I get in on this lawsuit?
I don’t know if there is still time to join this law suit , I bought an Electrolux washer and dryer back on 2011 and after a few visits from the sears maintenance people and changing my whole water softening system to the latest and greatest ,I find out the machine is the problem , my family doesn’t stink like rotten eggs but the gunk accumulated in the machine even after washing with vinegar , cleaning the seal and using specific soap, what a monster problem. can anybody advise me how to get involved ?
I have a front loader Samsung washer and Dyer. They both junk I got them in 2009 .every year since I have had them.I have had to send someone out to fix washer from mold and the balance issue. Motor on it .heating element went out 2 time a year .is their class action on this kind.that no counting all color cloths I have had to replace so I don’t walk around smelling like mold .or mine kids .
Same problem with my stupid water saving LG machine.
Now I understand why the smell and stains coming to my clothes after wash.