Airing Class Action Dirty Laundry In Washer Mold Cases

Law360, New York (May 28, 2013, 1:45 PM EDT) -- In the ongoing saga of allegedly moldy “high efficiency” washing machines,[1] that very principle of “efficiency” has threatened to alter class certification analysis on a fundamental level. Specifically, in a recent reversal of a class certification denial involving allegedly defective Whirlpool-brand front-loading washing machines,[2] the Seventh Circuit announced in Butler v. Sears, Roebuck and Co. that it was clarifying the “concept of ‘predominance’ in class action litigation.”[3]

The clarification was this: “Predominance is a question of efficiency.”[4]

The Seventh Circuit’s pronouncement is potentially as troubling as...
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