Is the U.S. Court of Appeals for the Sixth Circuit ignoring the U.S. Supreme Court's recent clampdown on class actions? Some commentators have been floating that hypothesis since the Sixth Circuit certified—for the second time in two years—a consumer class action against Whirlpool Corp. on Thursday, despite instructions from the high court to reconsider its earlier class cert ruling.
But according to the lead plaintiffs counsel, Jonathan Selbin, what the Sixth Circuit did was far from a mutiny, and the Seventh Circuit may soon follow suit. "The Sixth Circuit did exactly what it was told to do," said Selbin, a partner at Lieff Cabraser Heimann & Bernstein.
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