Court: Sears must face class suit on washer mold claims
Sears Holdings Corp. must face a group lawsuit by consumers in six states claiming the company's Kenmore-brand washers have a defect that causes mold, an appeals court said.
The U.S. Court of Appeals in Chicago reversed an earlier ruling that barred consumers from pursuing their claims as a class, or group, action.
U.S. District Judge Sharon Johnson Coleman found that the consumers couldn't pursue claims in a class action because common issues didn't predominate over individual questions of fact, a requirement of such suits. The appeals court reversed, saying the consumers' claim of a defect leading to mold and bad odors was a common issue.
The lawsuit covers breach-of-warranty complaints by consumers in six state -- California, Indiana, Illinois, Kentucky, Minnesota and Texas.
TribLive commenting policy
You are solely responsible for your comments and by using TribLive.com you agree to our Terms of Service.
We moderate comments. Our goal is to provide substantive commentary for a general readership. By screening submissions, we provide a space where readers can share intelligent and informed commentary that enhances the quality of our news and information.
While most comments will be posted if they are on-topic and not abusive, moderating decisions are subjective. We will make them as carefully and consistently as we can. Because of the volume of reader comments, we cannot review individual moderation decisions with readers.
We value thoughtful comments representing a range of views that make their point quickly and politely. We make an effort to protect discussions from repeated comments â either by the same reader or different readers.
We follow the same standards for taste as the daily newspaper. A few things we won't tolerate: personal attacks, obscenity, vulgarity, profanity (including expletives and letters followed by dashes), commercial promotion, impersonations, incoherence, proselytizing and SHOUTING. Don't include URLs to Web sites.
We do not edit comments. They are either approved or deleted. We reserve the right to edit a comment that is quoted or excerpted in an article. In this case, we may fix spelling and punctuation.
We welcome strong opinions and criticism of our work, but we don't want comments to become bogged down with discussions of our policies and we will moderate accordingly.
We appreciate it when readers and people quoted in articles or blog posts point out errors of fact or emphasis and will investigate all assertions. But these suggestions should be sent via e-mail. To avoid distracting other readers, we won't publish comments that suggest a correction. Instead, corrections will be made in a blog post or in an article.