A $3.8 million class action settlement has resolved claims over InSinkErator water filters that allegedly leaked and caused property damage. Persons who suffered losses related to the F-201R instant hot water filter may qualify to receive compensation or a replacement filter.
In this InSinkErator class action lawsuit, plaintiffs Richard Desio and Christopher Gouviea raised claims over an alleged defect in the water filters used in InSinkErator F-201 hot water dispensing systems, made by defendant Emerson Electric Company.
According to the plaintiffs, the F-201R filters used with these systems are defective in a way that causes the system to leak. Plaintiffs allege these leaks were severe enough to flood the buildings in which these InSinkErator dispensers were installed, causing property damage.
This InSinkErator class action lawsuit was initiated in December 2015 by Rockwood Retirement Communities. After settling with InSinkErator, Rockwood was replaced as plaintiff by Desio and Gouveia who continued to litigate the case.
Emerson continues to deny the plaintiffs’ claims. The company says it has agreed to this InSinkErator class action settlement solely to avoid the risks and expense that come with continued litigation.
Under terms of the InSinkErator class action settlement, Emerson will put up a settlement fund worth $3.8 million. This fund will be used to cover the cost of partial refunds, replacement filters, and reimbursement for out-of-pocket repair costs related to the alleged InSinkErator defect.
Class Members who want to be excluded from the settlement or object to its terms must submit a written request by Jan. 22, 2018.
With certain exceptions, the Settlement Class includes all persons who, as of Jan. 22, 2018 (the “Opt-Out Date”), owned or leased a residence or other structure in the U.S. in which is installed an InSinkErator F-201 dispenser and an “Old Filter.” An Old Filter is an F-201R filter manufactured between 2001 and Jan. 31, 2011.
The Settlement Class does not include:
- Persons who experienced property damage caused by failure of an Old Filter on or before Jan. 22, 2018;
- Persons who initiated legal proceedings over these issues (other than this class action lawsuit) before Jan. 22, 2018;
- Presiding judges and their immediate families; or
- Persons who properly opt out of the settlement.
The settlement provides “Replacement Benefits” and “Property-Damage Benefits.” Class Members may receive one type of benefit or the other, but not both.
Class Members seeking Replacement Benefits can choose to receive up to three replacement filters or a cash payment of $15 per filter, up to a $45 maximum.
Class Members claiming Property-Damage Benefits can receive cash payments for a percentage of their expenses related to relevant property damage. The percentages vary according to the year their Old Filter was manufactured, and they are available in a table on the settlement administrator’s website. Payments may be adjusted up or down in order to use all the allocated settlement money.
Proof of Purchase
In addition to a completed claim form, Class Members seeking Property-Damage Benefits must submit proof of their ownership or rental of the property identified in the claim form, proof that the property suffered property damage related to an Old Filter, and proof of out-of-pocket repair expenses related to that property damage.
Claim Form Deadline
Desio and Gouveia v. Emerson Electric Co., Case No. 2:15-cv-00346, in the U.S. District Court for the Eastern District of Washington
UPDATE: The InSinkErator F-201 Water Filter Class Action Settlement was granted final approval on February 7, 2018. Let Top Class Actions know when you receive your replacement filters or check in the comments section below or on our Facebook page.
F-201 Water Filter Settlement Program
c/o BrownGreer PLC
P.O. Box 25487
Richmond, VA 23260
1-833-FILTER5 (1-833-345-8375) Toll-Free
Joseph G. Sauder
McCUNE WRIGHT LLP
Bruce D. Greenberg
LITE DePALMA GREENBERG LLC
Stephen M. Lamberson
Jeffrey R. Galloway
ETTER McMAHON LAMBERSON VAN WERT & ORESKOVICH PC
Aaron D. Van Oort
Shane A. Anderson
FAEGRE BAKER DANIELS
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Please note: Top Class Actions is not a settlement administrator or law firm. Top Class Actions is a legal news source that reports on class action lawsuits, class action settlements, drug injury lawsuits and product liability lawsuits. Top Class Actions does not process claims and we cannot advise you on the status of any class action settlement claim. You must contact the settlement administrator or your attorney for any updates regarding your claim status, claim form or questions about when payments are expected to be mailed out.