Whirlpool Front-Loading Washer Defects: National Class Action Litigation
Introduction
In April 2009, a group of seventeen consumers who purchased Whirlpool Duet, Whirlpool Duet Sport, or Whirlpool Duet HT front-loading automatic washers filed an amended master class action complaint against Whirlpool Corporation. The lawsuit, entitled In re: Whirlpool Corp. Front-Loading Washer Products Liability Litigation (MDL No. 2001, U.S. District Court for the Northern District of Ohio), charges that these front loading washers are defectively designed, and that the design defects create foul moldy and mildew odors that permeate the washing machines and consumers' homes. Lieff Cabraser is Lead Counsel in the litigation.
Plaintiffs' Allegations
Plaintiffs' allege that the Whirlpool Duet, Whirlpool Duet Sport, and Whirlpool Duet HT washing machines have serious design defects that:
- cause them to accumulate mold and mildew and/or residue or growth within the machines,
- produce a moldy or mildew odor that permeates the washing machines and/or the consumers' homes,
- produce a mold or mildew odor on clothes and other items washed in the washing machines,
- fail to clean the washing machines and remove moisture, residue, growth and/or bacteria that lead to the formation of mold, mildew and/or associated foul odors, and
- be unusable in the manner, to the extent to, and for the purpose for which the Whirlpool washing machines were advertised, marketed, and sold.
Plaintiffs further allege that as a result of Whirlpool's actions, Plaintiffs and the Class members paid premium prices for a defective product. Further, Plaintiffs allege that although they and the Class members have spent money for repairs and other purported remedies, none of those remedies have eliminated the odor problems that result from the defects in their washing machines.
Proposed Classes
Plaintiffs seek an order from the court permitting the case against Whirlpool to proceed as a class action, and that they represent several classes.
The Classes that Plaintiffs seek to represent are defined as follows:
Ohio: All persons who purchased a Washing Machine for primarily personal, family or household purposes, and not for resale, in Ohio.
California: All persons who purchased a Washing Machine in the State of California and who purchased the Machine for primarily personal, family or household purposes as defined by California Civil Code § 1791(a).
Florida: All persons who purchased a Washing Machine for primarily personal, family or household purposes, and not for resale, in Florida.
Illinois: All persons who purchased a Washing Machine for primarily personal, family or household purposes, and not for resale, in Illinois.
New Jersey: All persons who purchased a Washing Machine for primarily personal, family or household purposes, and not for resale, in New Jersey.
New York: All persons who purchased a Washing Machine for primarily personal, family or household purposes, and not for resale, in New York.
Arizona: All persons who purchased a Washing Machine for primarily personal, family or household purposed, and not for resale, in Arizona.
Indiana: All persons who purchased a Washing Machine for primarily personal, family or household purposed, and not for resale, in Indiana.
Maryland: All persons who purchased a Washing Machine for primarily personal, family or household purposed, and not for resale, in Maryland.
North Carolina: All persons who purchased a Washing Machine for primarily personal, family or household purposed, and not for resale, in North Carolina.
Texas: All persons who purchased a Washing Machine for primarily personal, family or household purposed, and not for resale, in Texas.
Excluded from the Classes are Whirlpool, its affiliates, employees, officers and directors, persons or entities that distribute or sell the Washing Machines, the Judge(s) assigned to this case, and the attorneys of record in this case.
Case Update: Ohio Class Certified
On July 12, 2010, Judge James S. Gwin of the United States District Court for the Northern District of Ohio granted in part plaintiffs' motion for certification of an Ohio class of purchasers of Whirlpool Duet, Whirlpool Duet Sport, and Whirlpool Duet HT front-loading automatic washers. Read the Court's Order.
The next step in the litigation will be consideration of plaintiffs' motion for class certification of additional state classes, including complaints brought by purchasers of Whirlpool front-loading washing machines in California, Florida, and New York.
"In granting class certification, the Court recognized that the common factual and legal issues raised in the complaint are best resolved through the class action mechanism, instead of through time-consuming and expensive individual court proceedings," stated Lieff Cabraser attorney Jonathan Selbin. "We look forward to proving at trial that due to design defects Whirlpool front-loading washing machines create foul odors that Whirlpool was aware of before it introduced the machines to the market."
Contact Class Counsel
If you own a Whirlpool Duet, Duet Sport, or Whirlpool Duet HT front-loading washing machine and have had problems with mold, mildew, or related odor problems, we wish to learn more about your experiences. Please click here to contact class counsel.
Trademark Notice
"Whirlpool Duet," "Whirlpool Duet Sport," and "Whirlpool Duet HT" are registered trademarks of Whirlpool, USA. Any use of trademarks are for informational and product identification purposes only. Lieff Cabraser Heimann & Bernstein, LLP, is not affiliated in any way with Whirlpool, USA.
About Lieff Cabraser
Lieff Cabraser Heimann & Bernstein, LLP is a sixty-plus attorney law firm that has represented plaintiffs nationwide since 1972. We have offices in San Francisco, New York and Nashville. We represent plaintiffs in class and group actions and in individual lawsuits in cases involving substantial losses. For the last seven years, The National Law Journal has selected Lieff Cabraser as one of the top plaintiffs' law firms in the nation.
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