Carrier, Bryant, Day & Night and Payne Condensing Furnace Consumer Class Actions

2008 Case Update: Settlement Given Final Approval

On April 22, 2008, U.S. District Court Judge Ronald B. Leighton today granted final approval to a nationwide settlement in a class action lawsuit filed by current and past owners of high-efficiency furnaces manufactured and sold by Carrier Corporation starting in 1989 and equipped with polypropylene-laminated condensing heat exchangers ("CHXs").

The settlement provides an enhanced 20-year warranty for consumers whose furnaces have not yet failed that will cover parts and labor for CHX failures. The settlement also offers a cash payment for consumers who paid to repair or replace the CHX in their high-efficiency Carrier furnaces.

"After several years of hard-fought litigation in four different U.S. courts, we are pleased that the Court approved the settlement," stated plaintiffs’ counsel Jonathan D. Selbin of the New York office of Lieff Cabraser Heimann & Bernstein, LLP. "It is an outstanding outcome for consumers, and we commend Carrier for stepping forward and taking care of its customers."

Important Notice for Consumers: August 1, 2008 Deadline

The deadline for class members to submit a claim was August 1, 2008. For more information visit www.furnaceclaims.com.

Approximately three million U.S. consumers purchased the furnaces covered under the settlement. Carrier sold the furnaces under the Carrier, Bryant, Day & Night and Payne brand-names. A list of the models covered under the settlement can also be found at www.furnaceclaims.com.

Background on the Litigation

The complaint, originally filed in June 2005, charged that starting in 1989, Carrier began manufacturing and selling high efficiency condensing furnaces manufactured with a secondary CHX made of inferior materials. Plaintiffs alleged that as a result, the CHXs, which Carrier warranted and consumers expected to last for 20 years, failed prematurely. Carrier denied the allegations and vigorously contested the litigation.

Under the settlement, the class consists of all individuals and entities in the United States who currently own a Carrier 90% high efficiency condensing furnace manufactured between January 1, 1989 and April 22, 2008, and equipped with a polypropylene-laminated secondary heat exchanger, and former owners of such furnaces whose furnaces experienced CHX failure.

Trademark Notice

Any use of trademarks are for informational and product identification purposes only. Lieff Cabraser Heimann & Bernstein, LLP, is not affiliated in any way with Carrier Corporation or United Technologies Corporation.

About Lieff Cabraser

Lieff Cabraser Heimann & Bernstein, LLP, is a national law firm with offices in San Francisco, New York and Nashville. We are recognized for our successful prosecution of class action lawsuits that resulted in substantial recoveries for class members in cases involving faulty building and home products as well as computers and other defective products. Learn more about our firm.

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