Mold Litigation

News & Analysis as of

New Jersey District Court Cleans Up Complaint in Washing Machine Class Action Litigation

Washing machine class actions have been so active recently that some firms may be scrambling to form their own appliance-law practice groups. And who knows? That might not be a bad idea. Some of our greatest legal minds,...more

U.S. Supreme Court Will Not Address Certification Issues Raised by Whirlpool & Related Washing Machine Class Actions

On February 24, 2014, the U.S. Supreme Court denied certiorari in three “moldy” washing machine class actions, which presented questions regarding Fed. R. Civ. P. 23’s commonality and predominance requirements as clarified by...more

"Supreme Court Punts on Twin No-Injury Washing Machine Class Actions"

Earlier today, the U.S. Supreme Court declined to review decisions upholding class certification in two cases that have garnered increasing scrutiny by the legal community — Butler v. Sears, Roebuck & Co. and Whirlpool Corp....more

Moldy Washing Machines at the Supreme Court: A Platform for Further Development of Rule 23?

Three cases about moldy washing machines currently sit at the U.S. Supreme Court, waiting for their names to be called. The cases are nearly identical consumer products class actions, and they have enormous potential to shape...more

Posner, Seventh Circuit Narrow Supreme Court’s Holding In Comcast – Certify Butler v. Sears, Roebuck And Co. Class (Again)

Background: Butler v. Sears, Roebuck and Co. is two class action lawsuits rolled into one. The classes have different members and different claims arising from alleged defects in Kenmore-brand Sears washing machines. One...more

"Ordered by SCOTUS to Reconsider, Sixth Circuit Again Upholds Certification Ruling in Glazer"

Earlier this year, as noted in a previous client alert, the U.S. Supreme Court vacated and remanded the Sixth Circuit’s decision in Whirlpool Corp. v. Glazer, 678 F.3d 409 (6th Cir. 2012), for further consideration in light...more

"Toxic” Mold Claims: Steps to Prevent and Aggressively Defend

TOXIC MOLD. SICK BUILDING SYNDROME. MOLD SICKNESS. These are some of the popular catch phrases employed by those who seek to profit by perpetuating the mythology that has fueled a cottage litigation industry of mold hysteria...more

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