![]() Supreme Court denied listening to an appeal that would grant a Sears moldy washer class action lawsuit from moving forward.Īfter the Supreme Court ruling, lead plaintiff Larry Buttler continued with his pursuit of a moldy washer class action litigation arguing that Whirlpool allegedly indicated that in the majority of 21 different washer models, mold existed even if consumers did not detect its growth. This has been a long and persistent legal process for the lead plaintiffs who pointed to similar rulings in other moldy washer lawsuits that were granted class action status. ![]() Sears continues to opposes the class action certification alleging that the “plaintiffs cannot prove a common, classwide injury” because not “all washers build up such an excessive amount of that it … prevents adequate cleaning of clothes.” According to court documents, over the years consumers were advised to leave the washer door open in between uses and to remove mildew on the rubber door seal by using bleach to clean it. The group of plaintiffs in the moldy washer class action lawsuit claim that Whirlpool made different design changes to machines over the years and Sears started to include amendments to the washer care guidelines which may have indicated that they were aware there was a mold problem. For these allegations, the plaintiffs filed the Sears lawsuit claiming the washing machines were unusable for the purpose in which they were marketed and sold to consumers. The two plaintiffs claimed that the smell of mold coming from the machines would permeate their homes if the washer doors were left open.įreeman and Lemley further alleged that the clothes washed in the Kenmore machines would be left with a foul odor. The original Sears moldy washer class action lawsuit was filed by Illinois residents Karen Freeman and Peggy Lemley who alleged that some Kenmore front loading washing machines manufactured by Whirlpool contained serious flaws. ![]() Judge Rowland further stated that any complications caused by design differences in various washing machine models “can be handled by the creation of subclasses,” if necessary. ![]() Rowland ruled in favor of the plaintiffs claiming that potential Class Members could join together for a single, common issue of liability of whether or not the Sears washers are defective. ![]()
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