Washing machine class action allowed to proceed

Posted on: August 8th, 2013 by Keith Dubanevich
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Class Actions Practice Area urlIn In re Whirlpool Corp. No. 10-4188 (6th Cir. July 18, 2013), the Sixth Circuit, on remand from the Supreme Court after its decision in Comcast Corp. v. Behrend, 133 S. Ct. 1426 (2013), affirmed its earlier ruling that a class action on behalf of owners of front-loading Whirlpool washing machines may proceed.

 The Court emphasized that the class was certified for liability only, that the design defect allowing mold in the machines was a common issue regardless of which class members actually experienced mold, and that due to the design defect all class members could recover damages under Ohio law on the theory that they paid an excessive price for the machines.