Philly lawyers file HVAC class action in California federal court

By John O'Brien | Feb 23, 2015

BAKERSFIELD, Calif. (Legal Newsline) - A Kern County, Calif., man brought a class action lawsuit against a Tennessee manufacturer on Wednesday for allegedly defective heating and air conditioning products.

Brett Grassi sued International Comfort Products (ICP) LLC, of Lewisburg, Tenn., alleging ICP manufactured and sold HVAC units made with uncoated copper coils. These coils are allegedly susceptible to corrosion, holes, cracks and leaks that may contribute to product failure. Grassi’s unit failed in May, he says.

The suit alleged that the ICP parts in question, used in several major brand name HVAC product systems, tend to prematurely fail and leak refrigerant, releasing volatile organic compounds and necessitating replacement.

Grassi also alleged that ICP, when required to perform ensuing repairs, has actually replaced the defective parts with equally defective parts, thus causing additional problems.

The suit alleged violation of the Consumers Legal Remedies Act, California Unfair Competition Law and False Advertising Act, breach of good faith and warranty, fraudulent concealment, and unjust enrichment. The plaintiff is seeking injunctive and declaratory relief, compensation for monetary losses, attorney’s fees, expenses, and costs.

Grassi is represented by Jonathan Shub, of Seeger Weiss, in Philadelphia; Gregory Coleman and Lisa White, of Greg Coleman Law, Knoxville, Tenn.; Shanon Carson and Glen Abramson, of Berger & Montague, Philadelphia; and Jammie Weiss and Richard Burke, of Quantum Legal, Highland Park, Ill.

United States District Court for the Eastern District of California case No. 1:15-cv-00253

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