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In my December 2012 column I reported on two consumer class action suits alleging that millions of front-loading washing machines made by Whirlpool were defective because some customers experienced mold or moldy odors even though the overwhelming majority of users did not.1 At the time, a petition for certiorari had been filed in the U.S. Supreme Court in one of them, Whirlpool v. Glazer, No. 12-322, seeking review of the Sixth Circuit’s May 2012 decision certifying a class of some 200,000 Ohio residents who purchased a variety of models of Whirlpool washing machines. The Ohio litigation was a bellwether action for eight similar cases against Whirlpool involving millions of purchasers. Additionally, numerous other lawsuits alleging nearly identical moldy odor problems were commenced against other washing machine manufacturers and sellers including Samsung, General Electric, Electrolux, Sears and Miele.

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