IN RE SAMSUNG TOP-LOAD WASHING MACHINE MARKETING

No. 20-6097.

997 F.3d 1077 (2021)

IN RE: SAMSUNG TOP-LOAD WASHING MACHINE MARKETING, SALES PRACTICES AND PRODUCTS LIABILITY LITIGATION. Jerry Wells, Plaintiffs-Appellees, v. Best Buy Co., Inc.; The Home Depot, Inc.; Lowe's Home Center, LLC; Samsung Electronics America, Inc.; Samsung Electronics Co., Ltd.; Lowe's Companies, Inc.; Samsung Electronics Company, Ltd, Defendants-Appellees, and Sears Holding Corporation, Defendant. John Douglas Morgan, Objector-Appellant. Attorney General of the State of Alaska; Attorney General of the State of Arkansas; Attorney General of the State of Alabama; Attorney General of the State of Idaho; Attorney General of the State of Indiana; Attorney General of the State of Missouri; Attorney General of the State of North Dakota; Attorney General of the State of Oklahoma; Attorney General of the State of Arizona, Amici Curiae.

United States Court of Appeals, Tenth Circuit.

Filed May 7, 2021.


Attorney(s) appearing for the Case

Theodore H. Frank , Hamilton Lincoln Law Institute, Center for Class Action Fairness, Washington, DC, for Objector — Appellant John Douglas Morgan.

John P. Elwood , Arnold & Porter Kaye Scholer LLP, Washington, DC ( R. Stanton Jones and Anthony J. Franze , Arnold & Porter Kaye Scholer LLP, Washington, DC, and Arthur E. Brown and Elie Salamon , Arnold & Porter Kaye Scholer LLP, New York, New York, Michael J. Mueller , Hunton Andrews Kurth LLP, Washington, DC, S. Stewart Haskins, II , King & Spalding LLP, Atlanta, Georgia, and Gerald P. Green , Pierce Couch Hendrickson Baysinger & Green, Oklahoma City, Oklahoma, with him on the brief), for Defendants-Appellees.

Samuel Issacharoff , New York, New York ( William B. Federman , Federman & Sherwood, Oklahoma City, Oklahoma, with him on the brief), for Plaintiffs-Appellees.

Kate B. Sawyer , Assistant Solicitor General ( Mark Brnovich , Attorney General, with her on the brief), Office of the Arizona Attorney General ( Mark Brnovich , Attorney General, State of Arizona; Steve Marshall , Attorney General, State of Alabama; Clyde "Ed" Sniffen, Jr. , Acting Attorney General, State of Alaska; Leslie Rutledge , Attorney General, State of Arkansas; Lawrence G. Wasden , Attorney General, State of Idaho; Curtis T. Hill, Jr. , Attorney General, State of Indiana; Eric Schmitt , Attorney General, State of Missouri; Wayne Stenehjem , Attorney General, State of North Dakota; and Mike Hunter , Attorney General, State of Oklahoma; with her on the brief), for Amici Curiae.

Before PHILLIPS, MURPHY, and McHUGH, Circuit Judges.


In 2015, consumers owning Samsung top-load washing machines experienced issues with the top-load door detaching mid-cycle. Litigation ensued across the country, with the cases consolidated into the multidistrict litigation underlying this appeal. Over the course of several months, and with the assistance of a mediator, class...

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