Whirlpool Can't Freeze Out Energy Star Warranty Class Action

Law360, New York (October 25, 2013, 7:22 PM EDT) -- A California federal judge refused Friday to dismiss most of a proposed class action accusing Whirlpool Corp. of falsely labeling its refrigerators as Energy Star compliant, ruling that the placement of a program logo on the product served as a warranty.

U.S. District Judge Troy Nunley sustained claims for breach of express warranty and violation of California consumer protection law. He dismissed claims for breach of implied warranty of merchantability and violation of the federal Magnuson-Moss Warranty Act.

The dismissed allegations cannot be re-pled, since plaintiffs...
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