Valor Fireplace Class Action Settlement Gets Final OK

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A California federal judge has granted final approval to a class action settlement involving allegations that Miles Industries manufactured and distributed Valor brand glass-fronted fireplaces that can reach temperatures high enough to cause serious burns to the skin.

On Tuesday, Jan. 14, U.S. District Court Judge Elizabeth D. Laporte granted final approval to the Valor fireplace class action settlement, finding the agreement “was arrived at in good faith following extensive arms-length negotiations between experienced counsel,” and that the settlement terms were fair, reasonable and adequate. She notes that no objectors provided notice of their intent to appear at the final settlement approval hearing on Dec. 10, 2013, and that no objectors attended the final fairness hearing. Therefore, she did not have any reason to deny the settlement.

The Valor fireplace settlement will resolve a May 2011 class action lawsuit (Rotandi v. Miles Industries Ltd.) that alleged that Miles Industries failed to warn consumers that direct contact with the sealed glass front of gas fireplaces can cause serious burns. The plaintiffs also alleged that Miles Industries concealed the fact that the glass front surface of its gas fireplaces could reach temperatures that were high enough to cause third degree burns.

Miles Industries denies the allegations but agreed to settle the class action lawsuit to avoid the time, expense and uncertainty of ongoing litigation.

The Valor fireplace settlement will provide Class Members with the opportunity to receive a free barrier screen for the Valor brand fireplace that is installed in their home. This barrier screen is designed to reduce the risk of serious burns by preventing people from making direct contact with the glass front of the fireplace.

Under the terms of the Valor fireplace class action settlement, Class Members include: “All consumers who are residents of the United States and who own homes or other residential dwellings in which at least one glass-fronted fireplace, manufactured and distributed by Miles Industries, Ltd of North Vancouver, Canada between Jan. 1, 2007, through Dec. 31, 2012 was installed from Jan. 1, 2007 through Aug. 16, 2013.”

To receive a free barrier screen from the Valor Glass Front Fireplace Class Action Settlement, Class Members must submit a Claim Form postmarked no later than Feb. 10, 2014. Detailed claim filing instructions can be found here.

The plaintiffs are represented by Kirk J. Wolden of Carter Wolden Curtis LLP, Michael F. Ram and Karl Olson of Ram Olson Cereghino & Kopczynski LLP, F. Jerome Tapley and Hirlye R. “Ryan” Lutz III of Cory Watson Crowder & Degaris PC.

The Valor Glass Front Fireplace Class Action Lawsuit is Charline Rotandi, et al. v. Miles Industries Ltd., Case No. 3:11-cv-02146-EDL, in the U.S. District Court for the Northern District of California, San Francisco Division.