The Sixth Circuit yesterday entered an order denying Whirlpool Corporation’s en banc petition seeking review of a May 4, 2012 panel decision affirming class certification in a multi-district litigation involving alleged design defects leading to mold and mildew in certain front-load washing machines made by Whirlpool and sold to Ohio consumers.  See Opinion, In re Whirlpool Corporation Front-Loading Washing Products Liability Litigation, Case No. 10-4188 (PDF).  As we previously reported, the panel’s decision is notable for its conclusion that the class could be certified even though not all class members had actually suffered injury.

Whirlpool filed its petition for rehearing en banc back on May 17 arguing that the panel’s decision conflicts with binding Supreme Court authority and decisions of the Sixth Circuit.  Ten amici (including three represented by Squie Sanders) joined Whirlpool in calling for a rehearing of the panel’s decision.  The Court ultimately allowed the amicus briefs to be filed after initially rejecting them.