Class Action Lawsuit against Rheem and Nestle. This class action lawsuit was filed in the U.S. District Court for the Northern District of California. The complaint, on its face, charged Rheem with fraudulently maintaining its reputation as a superior quality manufacturer of home-care products and consistently selling below-standard refrigerant to Nestle. It charged that Rheem and Nestle knowingly deceived and falsely marketed their home health product to the American consumer by mischaracterizing the performance of both products. As further deceitful conduct, it charged that Rheem and Nestle engaged in advertising fraud by failing to disclose that Rheem’s primary business was to sell refrigerants rather than health care products, as required by law.
Class Action Lawsuit Against Rheem
The U.S. District Court for the Northern District of California has jurisdiction over class action lawsuits, and this case is no exception. The court found that there was a likelihood that substantial common questions will arise regarding damages with respect to the fraud charge, and that such questions can be answered with the help of an expert brought on by the defendant, which is Rheem. In reaching its opinion, the court deferred to the trial court’s findings concerning the validity of the class action settlement in this case.
The trial court found, however, that Rheem did not deserve to receive an award of damages in the amount claimed by the plaintiffs.
Pursuant to the Settlement Policy, Rheem agreed to a $1.5 million class action settlement, with each member of the class receiving an award of one hundred and twenty dollars. After reviewing the evidence, the court found that Rheem failed to prove its liability or any other reason for the damages claimed. Accordingly, the court entered the class action into the record and set a new date for the trial on the causes of action.
Plaintiffs now bring a question of errors of law, leading to a new trial date.
Among the plaintiffs’ claims are claims that Rheem should have discovered that it was selling air conditioning units that were defective when the unit was built and had been aware of this fact at the time of sale. In fact, Rheem acknowledged that it sold the units that were defective at the time of the sale, but said that it never could have reasonably known that the units would have been defective. At the second trial date, it was discovered that Rheem did not have an expert in its employ that could testify as to whether it reasonably could have known that the defective evaporator coils were included in the air conditioning units. Thus, plaintiffs argue that the second trial should have been thrown out because it failed to meet the defendants’ burden of proving the presence of knowledge at the time of the sale.
Plaintiffs argue that the second trial should have been held because (a) Rheem should have known that it sold defective units; (b) Rheem failed to introduce any evidence that it reasonably could have known that the units were defective; (c) Plaintiffs failed to introduce any expert testimony that could be used to prove that Rheem actually knew that its sales were dangerous; (d) Rheem’s expert witness failed to disclose material facts favorable to plaintiffs; (e) Plaintiffs failed to establish that the negligent sale of HVAC units into homes brought about harm or injury to the general public. Among other things, plaintiffs argue that if Rheem did sell HVAC units that were defective, as well as a large number of other units that were defective, it is likely that many persons who bought the units would be injured as a result of the defective units, and as a result of that injury, they have a case for punitive damages. (These plaintiffs contend that if this case was before a jury, they would probably award a much larger judgment against Rheem.)
As previously stated, this class action lawsuit against Rheem was brought on behalf of persons who purchased HVAC units from HVAC shops owned and operated by Rheem.
A class action lawsuit such as this is very common in the state of New York, as there are a great number of New York homeowners who own HVAC units, which pose a risk of short-term or long-term injuries. This is due primarily to the fact that HVAC shops often fail to disclose hazardous conditions that exist with HVAC units, including dangerous temperatures that can cause burns, and electrical problems that can cause electrocution. (Many owners of air conditioners and refrigerators do not realize that these conditions present a health risk for their owners and/or their family members.
Another important issue with this lawsuit is that of the manner in which Rheem marketed and sold its HVAC units.
Plaintiffs contend that Rheem’s advertising and promotion of its HVAC products and services, its packaging and labeling, and its use of the terms “thermostat” and “conditioner” improperly promoted HVAC units and caused those units to be mispriced. The term “thermostat” refers to the control mechanism of an air conditioning system, whereas “conditioner” refers to the machine used to maintain a particular temperature. (It is also worth noting that the term “thermostat” is also used in the context of commercial air conditioning systems and is not necessarily intended to be used as a generic term for all types of air conditioning machines.) By selling HVAC units for prices that were substantially higher than competitive prices, Rheem deceived consumers into believing that their HVAC units were less costly than they actually were.
If you have been injured as a result of Rheem’s actions, or if you believe that you were injured as a result of Rheem’s actions, you should contact an experienced class action lawsuit lawyer. You will want to hire an attorney who has experience in class action lawsuit plaintiffs, and who has handled cases similar to yours. Moreover, you will want to hire an attorney who is experienced in investigating and resolving Class Action Lawsuits. This type of litigation is not simple, as there are a number of technical issues that must be resolved before a settlement in a court of law can occur. Therefore, your lawyer needs to be able to devote the appropriate amount of time and effort to properly investigating your case and preparing a case that will enable you to receive a fair and just compensation.