Airing Class Action Dirty Laundry In Washer Mold Cases
May 28, 2013, 1:45 PM EDT
Law360, New York (May 28, 2013, 1:45 PM EDT) -- In the ongoing saga of allegedly moldy “high efficiency” washing machines, 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, the Seventh Circuit announced in Butler v. Sears, Roebuck and Co. that it was clarifying the “concept of ‘predominance’ in class action litigation.”
The clarification was this: “Predominance is a question of efficiency.”
The Seventh Circuit’s pronouncement is potentially as troubling as...