PointofLaw.com
 Subscribe Subscribe   Find us on Twitter Follow POL on Twitter  
   
 
   

 

 

"The Supreme Court Must Stop The Trial Lawyers' War On Innovation"

| No Comments


At Forbes.com, I expand on my earlier post on Sears v. Butler:

Front-loading machines use less water and energy than traditional top-loaders. But because the rubber door gasket is on the side of the machine instead of the top, water can collect around it; if a user does not wipe the door clean between uses, or does not use bleach in his most recent washes, mold can develop and give off what Consumer Reports has called a "musty" smell. The problem affects less than three percent of washers. Even with this possible side effect, Consumer Reports has rated this class of machines "best all around," and notes that users can prevent any mold problems with simple precautionary cleaning.

Nevertheless, Whirlpool has been targeted in an unfairly expansive group of class action lawsuits. The plaintiffs allege that the very fact that any mold reveals itself at all demonstrates the product is defective and that every washing-machine owner is entitled to damages, whether or not they've encountered mold. The claim that Whirlpool has done something wrong becomes substantially less sympathetic when one realizes that every major washing-machine manufacturer is facing a similar class action. Trial lawyers are seeking to profit off of manufacturers' efforts to produce environmentally-friendly machines.

Read the whole thing.. Compare and contrast Andrew Trask's discussion of a Louisiana federal court's rejection of a similar lawsuit, Duvio v. Viking Range Corp., where plaintiffs made a vague kitchen-sink (ahem) set of product-defect allegations against the entire product line produced by Viking Range.

Leave a comment

Once submitted, the comment will first be reviewed by our editors and is not guaranteed to be published. Point of Law editors reserve the right to edit, delete, move, or mark as spam any and all comments. They also have the right to block access to any one or group from commenting or from the entire blog. A comment which does not add to the conversation, runs of on an inappropriate tangent, or kills the conversation may be edited, moved, or deleted.

The views and opinions of those providing comments are those of the author of the comment alone, and even if allowed onto the site do not reflect the opinions of Point of Law bloggers or the Manhattan Institute for Policy Research or any employee thereof. Comments submitted to Point of Law are the sole responsibility of their authors, and the author will take full responsibility for the comment, including any asserted liability for defamation or any other cause of action, and neither the Manhattan Institute nor its insurance carriers will assume responsibility for the comment merely because the Institute has provided the forum for its posting.

Related Entries:

 

 


Isaac Gorodetski
Project Manager,
Center for Legal Policy at the
Manhattan Institute
igorodetski@manhattan-institute.org

Katherine Lazarski
Press Officer,
Manhattan Institute
klazarski@manhattan-institute.org

 

Published by the Manhattan Institute

The Manhattan Insitute's Center for Legal Policy.