Supreme Court Sends Smelly Washer Case Back For Another Look
We're sending this one back for another wash cycle.
The U.S. Supreme Court kicked a lawsuit over smelly front-loading washing machines back to an appeals court in Chicago,
setting up a potential clash between the nation’s highest court and a judge who is normally considered a friend of business.
Not this time.
In Sears vs. Butler, Judge Richard Posner on the Seventh Circuit Court of Appeals ordered a lower court
to reconsider its ruling refusing a class action on behalf of millions of consumers
who bought front-loading washers manufactured by Whirlpool.
Plaintiff lawyers argue the washers are defective because they collect mold and foul smells in normal use,
while the defense says a class action is unfeasible because only a small percentage of owners complained of the smell
and there are large individual differences in how the smell might arise,
such as whether a washer is placed in a dank basement room.