The US Supreme Court vacates another no-injury washing machine class action (Butler)

On 3 June 2013, the U.S. Supreme Court summarily vacated and remanded the U.S. Court of Appeals for the Seventh Circuit’s decision in Butler v. Sears, Roebuck & Co., 702 F.3d 359 (7th Cir. 2012), for further consideration in light of Comcast Corp. v. Behrend, 133 S. Ct. 1426 (2013) (Comcast), which was decided earlier this year. See Butler v. Sears, Roebuck & Co., No. 12-1067 (U.S. June 3, 2013). In Butler, the Seventh Circuit held that a class of consumers of allegedly mold-producing washing machines and a class of consumers with washing machines that allegedly had a manufacturing defect in their