Seventh Circuit Reverses Denial Of Class Certification Regarding Mold Claim In Sears Front-Loader Litigation

On November 13, 2012, the Seventh Circuit Court of Appeals issued a decision reversing a United States District Court for the Northern District of Illinois ruling that denied certification to a class of consumers who complained of a defect that causes mold in front-loading washing machines sold by Sears, Roebuck and Co. (“Sears”). In the same decision, the Seventh Circuit affirmed the District’s Court’s certification of a class of consumers who complained of a defect that stops the machine inopportunely. The complaint against Sears alleges design defects in the front-load washing machines that cause mold and mildew to accumulate in the washing machines, as well as a defect with the control unit that causes the machines to stop at certain times.

On appeal, the Seventh Circuit focused on the predominance concept and explained how plaintiffs satisfied this requirement. The Court held that the question of whether the machines were defective in permitting mold to accumulate and generate odors is common to the entire mold class. The Seventh Circuit agreed with the Sixth Circuit’s decision in In re Whirlpool Corp. Front-Loading Washer Products Liability Litigation, 678 F.3d 409 (6th Cir. 2012), which certified a similar mold claim.

A Message to Our Clients About Coronavirus COVID-19:

A Message to Our Clients About Coronavirus COVID-19

At Shepherd, Finkelman, Miller & Shah, LLP, we view the safety and well-being of our clients, staff and business partners as our highest priority.

The situation regarding the COVID-19 virus is continually changing, and we are following all recommended guidelines to stay healthy. As a result, our lawyers and staff are working remotely in accordance with the CDC's recommendations. We continue to work for all of our clients and are happy to arrange for phone or video consultations. We are also able to exchange documents via secure drives or email.

Please contact us online or call 866-540-5505 with any questions.

Thank you and take care.