Tag Archives: whirlpool

Will Moldy Washing Machines Save the Consumer Class Action from Extinction?

Editor’s Note: This blog post was originally published on ClassActionBlawg.com and is reprinted with permission. One of the key questions in the aftermath of the Supreme Court’s recent decision in Comcast Corp. v. Behrend is the extent to which damages must be susceptible to classwide calculation in order to justify class certification.  In particular, the question is … Continue Reading

Sixth Circuit Reaffirms Certification of Defective Washing Machine Class on Remand From Supreme Court

Co-author: Rand McClellan Editors’ Note:  This post is also a Baker Class Action Alert. In a closely watched decision after remand by the Supreme Court, on July 18, 2013, the Sixth Circuit Court of Appeals upheld for a second time the class certification order in In re Whirlpool Front-Loading Washer Prods. Liab. Litig. (“Whirlpool II”) … Continue Reading

Common and Predominating Damages: Comcast Opinion Extends Wal-Mart v. Dukes’ Standards for Class Certification but Leaves the Question of Daubert for Another Day

Co-authored by: John B. Lewis, Dustin M. Dow, Patrick T. Lewis, Danyll W. Foix, and Rodger L. Eckelberry Editor’s Note: This Executive Alert was published by members of BakerHostetler’s Securities Litigation and Regulatory Enforcement Team, Employment Team, and BakerHostetler’s Class Action Team. On March 27, 2013, the U.S. Supreme Court decided Comcast Corp. v. Behrend, Case … Continue Reading

Seventh Circuit Certifies Washing Machine Class Action on Efficiency Grounds

In Butler v. Sears, Roebuck and Co., No. 11-8029 (7th Cir. Nov. 13, 2012), a decision authored by Judge Richard Posner, the Seventh Circuit ruled that the question of predominance in class actions “is a question of efficiency,” whether it’s more efficient to litigate issues on a class-wide basis or all issues in separate trials.  While … Continue Reading
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