Whirlpool Moldy Washer Class Action Heads To Trial
Law360, New York (September 19, 2014, 7:11 PM EDT) -- An Ohio federal judge on Friday rejected Whirlpool Corp.'s efforts to dismiss a class action over allegedly defective washers that gather mold, allowing the case to proceed to trial after the appliance maker's tortuous and ultimately futile attempts to disband the class.
U.S. District Judge Christopher Boyko granted in part Whirlpool's summary judgment motion, lopping of the consumers' failure-to-warn claim and allegations based on the Ohio Consumer Sales Practices Act, but preserved their design defect and breach of implied warranty claims.
Whirlpool had fought the plaintiffs' negligent design claims, arguing that the plaintiffs had to show proof of "an unreasonable safety...
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