A federal Court authorized the Notice because you have a right to know about the proposed Settlement of this class action lawsuit and about all of your options before the Court decides whether to grant final approval of the Settlement. The Notice explains the lawsuit, the Settlement, your legal rights, what benefits are available, and who can get them.
Judge Sara L. Ellis of the United States District Court for the Northern District of Illinois, Eastern Division, is overseeing this class action. The case is known as Thomas v. Lennox Industries Inc., Case No. 1:13-cv-07747. The people who filed this lawsuit are called the "Plaintiffs" and the company they sued, Lennox, is called the "Defendant."
TopThe Plaintiffs claim that Lennox manufactures and sells air conditioning systems and heat pump systems, including air handlers and Packaged Units, containing defective evaporator coils that corrode and leak refrigerant. They claim that the evaporator coils, which are made using copper tubing, are susceptible to formicary corrosion (caused by a chemical reaction requiring certain volatile organic compounds, water, heat, and the copper tubes) that causes microscopic tunnels to form within the tubing and the coils to leak refrigerant.
They further claim that Lennox:
Lennox denies all of the claims and allegations made in the lawsuit and denies that it acted improperly.
TopIn a class action, one or more people called Plaintiffs or Class Representatives (in this case, Robert Thomas, Scott Patrick Harris, Michael Bell, Sandra Palumbo, Frank Karbarz, and Thomas Davis) sue on behalf of other people who have similar claims. The people included in the class action are called a Class or Class Members. One court resolves the issues for all Class Members, except for those who exclude themselves from the Class.
TopThe Court did not decide in favor of the Plaintiffs or Lennox. Instead, both sides agreed to a Settlement. This way, they avoid the cost and burden of further litigation and a trial and the people affected can get benefits. The Class Representatives and their attorneys think the Settlement is best for all Settlement Class Members.
TopThe Settlement Class includes all U.S. residents who, between October 29, 2007 and July 9, 2015, purchased at least one new uncoated copper tube Lennox brand, Aire-Flo brand, Armstrong Air brand, AirEase brand, Concord brand, or Ducane brand evaporator coil, covered by an Original Warranty, for their personal, their family, or their household purposes, that was installed in a house, condominium unit, apartment unit, or other residential dwelling located in the United States.
Original Coils may have been purchased separately, as part of an air handler, or they may have been included as part of a Packaged Unit.
TopTo confirm that you are a Settlement Class Member you may want to review the manufacturer's limited warranty or manufacturer's extended limited warranty that was provided by Lennox or Allied Air Enterprises LLC when you purchased the air conditioning or heat pump system to confirm that the coil was covered by the Original Warranty. You may also want to look at your purchase or installation receipt to confirm that your Original Coil was purchased between October 29, 2007 and July 9, 2015 and is one of the following brands listed in FAQ 5 (Lennox, Aire-Flo, Armstrong Air, AirEase, Concord, or Ducane).
The picture below illustrates where the evaporator coil typically is located, although configurations vary depending on the structure and location of your home and where the air conditioning or heat pump system is placed inside your home.
TopYes. The Settlement excludes:
The Settlement Class does not include subsequent purchasers. To be a member of the Settlement Class, a claimant must have purchased at least one new eligible evaporator coil. Purchasers of newly built homes with new evaporator coils already installed are eligible.
TopIf you are not sure whether you are included, call 1-888-841-1363, send an email to [email protected], or write to one of the lawyers listed in FAQ 24 below.
TopThe Settlement provides an Expanded Warranty and Reimbursement Program to Settlement Class Members that submit a timely and valid Claim Form. The Expanded Warranty and Reimbursement Program includes:
Expanded Warranty and Reimbursement Program benefits require replacement of an Original Coil due to a coil leak within five years after installation and will vary by individual Settlement Class Members.
TopAll Settlement Class Members are eligible for coverage under an Expanded Warranty and Reimbursement Program. To receive any benefits the Settlement Class Member must be an Authorized Claimant, which means they have submitted a timely and valid Claim Form. The deadlines for submission of Claim Forms vary by circumstance, and are explained below. Each Authorized Claimant will receive a certificate (the "Certificate") describing the benefits under the Expanded Warranty and Reimbursement Program and providing instructions about when and how to redeem and obtain such benefits.
TopFor each Authorized Claimant who replaced or replaces an Original Coil because of a coil leak within five years after installation of the Original Coil, the Authorized Claimant will receive the following benefits as applicable under the Expanded Warranty and Reimbursement Program:
The Replacement Coil Warranty will be in effect for five years after the date of installation of the Replacement Coil covered by the Replacement Coil Warranty, or until you receive a coated copper or aluminum tube Replacement Coil, whichever occurs first. Although the five-year Replacement Coil Warranty may be retroactive to a previous installation date, in order to be covered by the Replacement Coil Warranty you must submit a timely and valid Claim Form and you must follow the instructions in the Certificate that will be sent to you. The Replacement Coil Warranty only applies to the covered Replacement Coil. It is not transferrable to other coils or other air conditioning or heat pump systems. You are not eligible for the Replacement Coil Warranty if you receive a coated copper or aluminum tube Replacement Coil.
TopYes, Lennox has also agreed to prepare and disseminate information about the possible risk that formicary corrosion may occur in uncoated copper tube evaporator coils under certain conditions.
TopYou must complete and submit a valid Claim Form by the applicable deadline to obtain coverage under the Expanded Warranty and Reimbursement Program and to request benefits for which you may be eligible as of the date you submit your Claim Form. If your Original Coil is replaced with a Replacement Coil within five years of the date of installation and on or before December 3, 2015, then you must complete and submit a Claim Form by February 1, 2016. If your Original Coil is replaced with a Replacement Coil within five years of the date of installation and on or after December 4, 2015, then you must submit a Claim Form within 60 days after the date on which the Original Coil was replaced. Follow all of the Claim Form instructions and include the required supporting documentation. Once your Claim Form has been processed and approved, you will be sent a Certificate explaining the benefits under the Expanded Warranty and Reimbursement Program and providing instructions about when and how to redeem and obtain such benefits. To redeem and obtain benefits under the Expanded Warranty and Reimbursement Program for which you may first become eligible after submission of your Claim Form, you must complete and submit follow-up Request for Benefits Forms, as explained in the Certificate, with information and supporting documentation that were not already included in the Claim Form.
Claim Forms and Request for Benefits Forms may be accessed and submitted online or downloaded for printing and submission via U.S. Mail on this website. Claim Forms and Request for Benefits Forms are also available by calling 1-888-841-1363 or by writing to:
Thomas v. Lennox Industries Inc.
Settlement Administrator
P.O. Box 301130
Los Angeles, CA 90030-1130
If you purchased a newly built home and the purchase date or installation date of the Original Coil is unknown, as an alternative, Class Members may provide proof of the date of the closing on the purchase of the new home.
TopThe Settlement Class does not include subsequent purchasers. To be a member of the Settlement Class, a claimant must have purchased at least one new eligible evaporator coil. Purchasers of newly built homes with new evaporator coils already installed are eligible.
TopThe Court will hold a hearing at 9:30 a.m. on December 9, 2015 to decide whether to grant final approval of the Settlement. If the Court approves the Settlement, there may be appeals. It is uncertain whether appeals will be filed and, if so, how long it will take to resolve them. The Settlement will not become final until all appeals have been resolved and the time for any appeals has expired. Settlement benefits will be provided to Authorized Claimants as soon as possible, if and when the Settlement becomes final. There is one exception. If you have become an Authorized Claimant by submitting a timely and valid Claim Form, and you become eligible for a coated copper tube or aluminum tube Replacement Coil under the Expanded Warranty and Reimbursement Program before the Settlement has become final, and you notify Lennox as specified in the Certificate, Lennox will provide the Replacement Coil at that time, even though the Settlement has not become final.
TopTo redeem and obtain benefits under the Expanded Warranty and Reimbursement Program for which you may first become eligible after submission of your Claim Form, you must complete and submit follow-up Request for Benefits Forms, as explained in the Certificate, with information and supporting documentation that were not already included in the Claim Form. More information on when and how to submit a Claim Form and Request for Benefits Forms is provided in FAQ 14.
TopUnless you exclude yourself, you are staying in the Settlement Class. If the Settlement is approved and becomes final, all of the Court's orders will apply to you and legally bind you. You won't be able to sue, continue to sue, or be part of any other lawsuit against Lennox and related parties about the legal issues in this case, but you will be able to submit a Claim Form to receive benefits from this Settlement. The specific rights you are giving up are called Released Claims.
TopGenerally, if and when the Settlement becomes final, Settlement Class Members will permanently release Lennox and all related people (such as retailers, distributors, and dealers) from all manner of claims (except personal injury claims) which are based upon, arise out of, or involve any matters relating to Lennox brand, Aire-Flo brand, Armstrong Air brand, AirEase brand, Concord brand, or Ducane brand evaporator coils originally purchased during the Settlement Class period or any of the allegations in this lawsuit.
Definitions 41 and 42 of Section IV.B of the Settlement Agreement, describe the specific claims and parties you will be releasing, so read it carefully. If you have any questions you can talk to the law firms listed in FAQ 24 for free or you can, of course, talk to your own lawyer.
TopTo be excluded from the Settlement Class, you must mail a written request for exclusion to the Settlement Administrator. Your request for exclusion must include:
Thomas v. Lennox Industries Inc.
Settlement Administrator
P.O. Box 301130
Los Angeles, CA 90030-1130
No. If you exclude yourself, you are telling the Court that you don't want to be part of the Settlement Class in this Settlement. You can only get benefits if you stay in the Settlement Class and submit a timely and valid Claim Form.
TopNo. Unless you exclude yourself, you are giving up the right to sue Lennox and other Released Parties for the claims that this Settlement resolves. You must exclude yourself from this lawsuit to start or continue with your own lawsuit or be part of any other lawsuit against Lennox about the legal issues in this case.
TopYes. Judge Sara L. Ellis has appointed a number of lawyers to represent you and all other Settlement Class Members as "Class Counsel." They include:
Jonathan Shub Neil Glazer Kohn Swift & Graf, P.C. One South Broad Street, Suite 2100 Philadelphia, Pennsylvania 19107 |
Jeff Leon Quantum Legal LLC 513 Central Avenue, Suite 300 Highland Park, Illinois 60035 |
These lawyers and their firms are experienced in handling similar cases. You will not be charged for these lawyers. If you want to be represented by your own lawyer, you may hire one at your own expense.
TopClass Counsel will ask the Court for up to $1,250,000 to pay for attorneys' fees, costs and expenses, which includes $2,500 service awards to each of the Class Representatives. If approved, all of these amounts, as well as the costs associated with administering the Settlement, will be paid separately by Lennox and will not reduce the amount of Settlement benefits available to Settlement Class Members.
The application for an award of attorneys' fees and reimbursement of costs and expenses and for service awards will be filed with the Clerk of the United States District Court for the Northern District of Illinois, Eastern Division, Everett McKinley Dirksen United States Courthouse, 219 South Dearborn Street, Chicago, Illinois 60604 no later than November 4, 2015. This court document is available here.
TopIf you are a Settlement Class Member, you can object to the Settlement if you do not like it or a portion of it. You can give reasons why you think the Court should not approve it. The Court will consider your views. To object, you must send a letter via First Class U.S. Mail saying that you object to the Settlement of Thomas v. Lennox Industries Inc., Case No. 1:13-CV-07747 (N.D. Ill.). Your objection must also include:
Mail your objection to the Clerk of the Court and the Settlement Administrator postmarked on or before November 11, 2015.
Clerk of the Court | Settlement Administrator |
---|---|
Clerk of the United States District Court Northern District of Illinois, Eastern Division Everett McKinley Dirksen United States Courthouse 219 South Dearborn Street Chicago, IL 60604 |
Thomas v. Lennox Industries Inc. Settlement Administrator P.O. Box 301130 Los Angeles, CA 90030-1130 |
If you object, you may be deposed by Class Counsel and Defense Counsel in the county of your residence.
TopObjecting is simply telling the Court that you don't like something about the Settlement. You can object only if you stay in the Settlement Class (do not exclude yourself). Excluding yourself is telling the Court that you don't want to be part of the Settlement Class. If you exclude yourself, you cannot object because the Settlement no longer affects you.
TopThe Court will hold a Final Approval Hearing at 9:30 a.m. on Wednesday, December 9, 2015 at the United States District Court for the Northern District of Illinois, Eastern Division, Everett McKinley Dirksen United States Courthouse, 219 South Dearborn Street, Chicago, Illinois 60604. At this hearing, the Court will consider whether the Settlement is fair, reasonable, and adequate. It will also consider whether to approve Class Counsel's application for an award of attorneys' fees, costs and expenses, as well as the Class Representatives' service awards. If there are objections, the Court will consider them. Judge Sara L. Ellis will listen to people who have asked to speak at the hearing (see FAQ 30 below). After the hearing, the Court will decide whether to approve the Settlement.
TopNo. Class Counsel will answer any questions Judge Sara L. Ellis may have. However, you are welcome to come to the hearing at your own expense. If you send an objection, you do not have to come to Court to talk about it. As long as you mailed your written objection on time and include the information set forth above (see FAQ 26), the Court will consider it. You may also pay your own lawyer to attend, but that is not necessary.
TopYes. You may ask the Court for permission to speak at the Final Approval Hearing. To do so, you must file a written notice with the Court saying that it is your "Notice of Intent to Appear at the Final Approval Hearing in Thomas v. Lennox Industries Inc., Case No. 1:13-CV-07747 (N.D. Ill.)." You must include your full name, current mailing address, current day and evening telephone number, and your signature. If you plan to have your own attorney speak for you at the hearing, you must also include the name, address, and telephone number of the attorney who will appear. Your written notice must be mailed to the Clerk of the Court and the Settlement Administrator postmarked on or before November 11, 2015.
Clerk of the Court | Settlement Administrator |
---|---|
Clerk of the United States District Court Northern District of Illinois, Eastern Division Everett McKinley Dirksen United States Courthouse 219 South Dearborn Street Chicago, IL 60604 |
Thomas v. Lennox Industries Inc. Settlement Administrator P.O. Box 301130 Los Angeles, CA 90030-1130 |
If you are a Settlement Class Member and you do nothing, you will give up the rights explained in FAQ 19, including your right to start a lawsuit, continue with a lawsuit, or be part of any other lawsuit against Lennox and the other Released Parties about the legal issues in this case. In addition, if you do not file a valid Claim Form within the applicable time periods described above you will not receive any of the benefits that this Settlement provides.
TopThe Notice summarizes the proposed Settlement. Complete details are provided in the Settlement Agreement. The Settlement Agreement and other related documents are available on this website. For more information, call 1-888-841-1363, write to Thomas v. Lennox Industries Inc., Settlement Administrator, P.O. Box 301130, Los Angeles, CA 90030-1130, or send an email to [email protected].
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