Yesterday, the Supreme Court announced that it would not review the “smelly washing machine cases” from the Sixth, Seventh, and Ninth Circuits. The Court had relisted the trio several times, increasing the odds that review would be granted. In the Sixth Circuit case, Whirpool v. Glazer, the panel had affirmed class certification for certain purchasers of front-loading washing machines that allegedly became moldy due to design defects. The Supreme Court summarily vacated and remanded that decision in light of Comcast. Concluding that Comcast did not change its analysis, the Sixth Circuit panel reaffirmed class certification.
This saga has been of particular interest to the class action bar. Whirpool and other defendant manufacturers have argued that the appellate courts construed Comcast too narrowly, making it too easy for classes to be certified. It remains to be seen whether Comcast’s scope will be reviewed in some other line of cases
