Dickerson, et al. v.
York International Corporation, et al.

United States District Court
for the Middle District of Pennsylvania

Case No. 1:15-CV-01105-CCC (M.D. Pa.)


If you have owned a York, Fraser-Johnston, Luxaire, Coleman, Evcon, Guardian, Champion, or Dayton brand residential or light-commercial HVAC unit, air conditioning or heat pump system, you could get benefits from a class action settlement.

IMPORTANT DATES

March 7, 2017 - Deadline to Request Exclusion (postmarked date or received by date)

March 7, 2017 - Deadline to Object (postmarked date or received by date)

March 23, 2017 at 9:30 A.M. - Fairness Hearing

Claim Form Deadline - The later of: (a) 120 days after the date of the Court’s Final Judgment and Order of Dismissal; or (b) 120 days after the Settlement Class Member experiences a Copper Coil failure while the Copper Coil is covered by the original limited five year warranty or extended ten year warranty.

A Settlement has been proposed with York International Corporation and Johnson Controls Inc. (together, “JCI”) in a class action lawsuit in which the Plaintiffs allege that JCI manufactured and sold defective copper evaporator coils and copper condenser coils. An evaporator coil is a part of an air conditioning system or heat pump system. The evaporator coil is located inside your house and its primary function is to remove heat from the air. The condenser coil is a part of the condensing unit. The condenser coil is located outside your house and its primary function is to expel heat into the atmosphere.

This Settlement is about allegedly defective Copper Coils. In this Settlement, the term “Copper Coil” means a York, Fraser-Johnston, Luxaire, Coleman, Evcon, Guardian, Champion, or Dayton brand copper evaporator coil or copper condenser coil, manufactured and sold by JCI or any of its Affiliates, purchased individually or as part of a split system or packaged residential air handler, condensing unit, or HVAC unit, that was not treated or plated with tin (i.e., uncoated), purchased new during the time period from January 1, 2008 to November 22, 2016, that is covered by the original limited five year warranty or extended ten year warranty, and that is installed in its original installation site. Qualifying Copper Coils that are used in residential or light-commercial applications are included within this definition.

JCI denies all of the claims in the lawsuit, but has agreed to the Settlement in order to avoid the cost and uncertainty of protected litigation and trial.

Class Definition:

You are a Settlement Class Member if you are an individual or entity in the United States who during the time period from January 1, 2008 to November 22, 2016 purchased an uncoated York, Fraser-Johnston, Luxaire, Coleman, Evcon, Guardian, Champion, or Dayton brand copper evaporator coil or copper condenser coil manufactured and sold by JCI or any of its Affiliates, separately or as part of a split system or packaged residential air handler, condensing unit, or HVAC unit, that is covered by the original limited five year warranty or extended ten year warranty.

What benefits does the Settlement provide?

Authorized Claimants who:

1. Prior to November 22, 2016, experienced one failure of their Copper Coil while the Copper Coil was covered by the original limited five year warranty or extended ten year warranty and incurred any out-of-pocket expenses will receive a $75 Service Rebate Certificate valid for one year to be used as payment for maintenance on their HVAC system.

2. Prior to November 22, 2016, experienced two or more failures of their Copper Coil while the Copper Coil was covered by the original limited five year warranty or extended ten year warranty, and paid for labor, refrigerant, or parts associated with the replacement of their Copper Coils, will receive a check as reimbursement for their out-of-pocket expenses of up to $550 for each replacement (but no more than $1,100 for all replacements).

3. After November 22, 2016, experience a first failure of their Copper Coil while the Copper Coil is covered by the original limited five year warranty or extended ten year warranty, will receive at no cost a new Aluminum Replacement Coil, plus a $75 Service Rebate Certificate valid for one year to help defray the cost of the installation of the Aluminum Replacement Coil or to be used as payment for maintenance on their HVAC system.

4. After November 22, 2016, experience two or more failures of their Copper Coil while the Copper Coil is covered by the original limited five year warranty or extended ten year warranty, if at least one of the failures occurs after November 22, 2016, and paid for labor, refrigerant, or parts associated with the replacement of their Copper Coils, will receive at no cost a new Aluminum Replacement Coil, plus a check as reimbursement for their out-of-pocket expenses of up to $550 for each replacement (but no more than $1,100 for all replacements).

Your rights are affected whether you act or do not act. Click here to read the Notice of Class Action Settlement.

Your Legal Rights and Options in this Settlement:

SUBMIT A CLAIM FORM

This is the only way you can receive benefits from this Settlement. If you submit a Claim Form, you will give up the right to sue JCI in a separate lawsuit about the claims this Settlement resolves regarding Copper Coils. Click here to submit your claim online or click here to download a Claim Form.

ASK TO BE EXCLUDED
(OPT-OUT)

If you decide to exclude yourself, you will keep the right to sue JCI in your own separate lawsuit about the claims this Settlement resolves regarding Copper Coils, but you give up the right to receive the benefits this Settlement provides.

Click here for more information on how to exclude yourself.

OBJECT TO THE SETTLEMENT

If you do not exclude yourself from the Settlement, you may object to it by following the procedures here and submitting your specific objection in writing.

DO NOTHING

If you are a Settlement Class Member, you are automatically part of the Settlement, but you need to timely file a Claim Form to receive benefits. If you do nothing, you will not receive the benefits that this Settlement provides and you will give up the right to sue JCI in a separate lawsuit about the claims this Settlement resolves regarding Copper Coils.


Who represents me?

The Court appointed Berger & Montague, P.C., Greg Coleman Law, P.C. and Kohn Swift & Graf, P.C., as Class Counsel to represent the Settlement Class. You do not have to pay Class Counsel to submit a claim. If you want to be represented by your own lawyer, you may hire one at your own expense.

The Final Approval Hearing

The Court will hold a hearing on March 23, 2017, at 9:30 a.m. to consider whether to approve the Settlement, award Class Counsel attorneys’ fees up to one million dollars plus expenses, and award the Class Representatives up to $2,500.00 each for their service. If approved, these amounts, as well as the costs of administering the Settlement, will be paid separately by JCI and will not reduce the benefits available to Settlement Class Members.

JCI Authorized Dealers:

Click here to locate an authorized dealer near you.

Contact the Settlement Administrator:

Mail:
Dickerson v. York International Corporation
Settlement Administrator
1801 Market Street, Suite 660
Philadelphia, PA 19103

Email: Questions@jccoppercoilsettlement.com

Toll Free: 1-855-510-2035

Fax: 1-484-350-4442

Click here to submit your claim online or click here to download a Claim Form.

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