Lieff Cabraser Announces that Court Rejects Attempt to Derail Class in Whirlpool Moldy Washer Case Set for October Trial
September 02 2014 - 4:43PM
Business Wire
Jonathan D. Selbin, chair of the defective products practice
group at the national plaintiffs' law firm Lieff Cabraser Heimann
& Bernstein, LLP, announced today that U.S. District Judge
Christopher A. Boyko of the Northern District of Ohio in Cleveland
denied Whirlpool Corporation’s (NYSE: WHR) motion to decertify a
class of Ohio residents who purchased certain models of
front-loading Whirlpool Duet washing machines manufactured between
2001 to 2008 that developed mold.
“We are pleased that the Court rejected Whirlpool’s latest
attempt to avoid a class-wide trial of its liability for selling
the defective washers to consumers,” stated Selbin. “For years,
Whirlpool has sought to escape accountability for selling millions
of washers to American families that it knew developed mold, often
in hidden recesses of the machines where consumers cannot see or
clean it. Whirlpool also knew that everything about the washers’
care and use was different than the top-load washers consumers used
without problem for decades-- that they were, in Whirlpool's own
words, ‘not your mother's washing machine.’ Moreover, Whirlpool
knew that no matter what efforts the consumers made, the defective
design causes mold and bacteria to grow and build-up in the
machine.”
The Court reaffirmed an earlier holding in 2010 that plaintiffs
had met their burden of proving that the class of consumers
satisfied each of the requirements for a class action. Trial is
presently scheduled to commence on October 7, 2014, in U.S.
District Court in Cleveland. Earlier this year, the Supreme Court
rejected an attempt by Whirlpool to reverse the 2010 order.
The consumers allege that the washers are defective because they
accumulate mold and require extraordinary and expensive maintenance
to try to reduce the effects of that mold, such as running extra
cleaning cycles, leaving the door open between use, and wiping down
the washer after every use with bleach. They also allege that
Whirlpool instructed them--only after purchase--that they needed to
routinely buy another product sold by Whirlpool, Affresh™, to try
to address the mold, at substantial cost to consumers and profit to
Whirlpool.
Learn more about the defective front-load washer litigation at
http://www.lieffcabraser.com/Case-Center/Front-Loading-Washer-Litigation.shtml.
About Lieff Cabraser
Lieff Cabraser Heimann & Bernstein, LLP, is a sixty-plus
attorney law firm with offices in San Francisco, New York, and
Nashville. Lieff Cabraser is committed to achieving justice for
consumers, employees, patients, investors, and business owners;
promoting safer products and fair competition; protecting our
environment; assisting individuals blow the whistle on fraud;
safeguarding the rights of patent and copyright holders; and
remedying violations of the civil rights of citizens worldwide.
Learn more at www.lieffcabraser.com.
Source/Contact (for Media Inquiries
Only)Lieff Cabraser Heimann & Bernstein, LLPJonathan D.
Selbin, 212-355-9500
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