Larry Butler v. Sears, Roebuck & Com

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• noting \all Kenmore-brand frontloading 'high efficiency' washing machines\ were alleged to suffer from the same defect
• “Sears contends that during the period covered by the complaint it sold 27 different Kenmore-brand models”
• “Sears contends that during the period covered by the complaint it sold 27 different Kenmore-brand models”
• “The basic question in the litigation — were the machines defective in permitting mold to accumulate and generate noxious odors? — is common to the entire mold class, although the answer may vary with the differences in design.”
• “The effectiveness of these changes [in the newer models] have not been evaluated. Consumers with ACCESS or HORIZON models from the time period that was evaluated (2002-2008) do not have solutions available to resolve or eliminate the containments [sic, contaminants] and the resulting odor.”
• “If, as appears to be the case, the defect in a Kenmore-brand washing machine can precipitate a mold problem at any time, the defect is an expected harm, just as having symptomless high blood pressures creates harm in the form of an abnormally high risk of stroke.”

Source: CourtListener parenthetical corpus (CC0).