Bloomberg News (11/13, Fisk, 1M) reports, “The U.S. Court of Appeals in Chicago today reversed an earlier ruling that barred consumers from pursuing…as a class, or group, action” claims that Sears’ Kenmore-brand front-loading washers “don’t clean themselves adequately, leading to mold.” US District Judge Sharon Johnson Coleman had held “that the consumers couldn’t pursue claims in a class action because common issues didn’t predominate over individual questions of fact,” but the appeals court ruled that “the consumers’ claim of a defect leading to mold and bad odors was a common issue.” Additionally, “the court upheld Coleman’s decision allowing consumers to pursue a class action on claims that a defect in the machines’ control unit causes them to stop suddenly.”
Reuters (11/14) reports a statement by Sears said that the ruling conflicts with Supreme Court precedent and that the company is likely to request a rehearing before a larger panel of the court.