April 1, 2014
In what was a surprise to many who have come to believe the agenda of the Roberts Court is to completely eviscerate the class action as a vehicle for obtaining relief for consumers on a large scale, the United States Supreme Court has passed up the opportunity to further chip away at the viability of class actions by denying certiorari in In re Whirlpool Corp. Front-Loading Washer Products Liab. Litig., 722 F.3d 838 (6th Cir. 2013), and Butler v. Sears, Roebuck & Co., 727 F.3d 796 (7th Cir. 2013). The Court’s inaction is being viewed as a signal that consumer class actions based on product defects are still viable in this ever-narrowing field of law.