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Goodman Global Inc., the second largest HVAC manufacturer and distributor in the United States, has requested that a class action lawsuit it is facing be removed to federal court, indicating it may face up to $803 million in damages for the alleged sale of defective air conditioning units.
The lead plaintiff, Robert Kotsur, initially brought the Goodman air conditioner class action lawsuit in Bucks County Court of Common Pleas in Pennsylvania, alleging that Goodman’s air conditioners were defective. Kotsur alleged that the evaporator coils and heat pumps in his Goodman air conditioner unit leaked, and Goodman had been aware of the problem in all of its units since 2007.
“Goodman knew that the evaporator coils in the Goodman Units sold since 2007 were defective because the evaporator coils in these units were failing at rates that far exceeded the industry average. In addition. Goodman has received, and continues to receive, complaints from consumers and HVAC dealers, technicians, and contractors that its Goodman Units sold since at least January 2007 contain defective evaporator coils that improperly and prematurely leak refrigerant,” the class action lawsuit says.
Kotsur brought claims against Goodman for breach of express warranty, breach of an implied warranty of merchantability, violation of the Pennsylvania Unfair Trade Practices and Consumer Protection Law, and unjust enrichment.
Goodman notes in its removal notice, “(1) there must be diversity, which occurs when any member of the class is a citizen of a state different from any defendant; (2) there must be 100 or more class members; and (3) the amount in controversy must exceed $5 million.”
As an initial matter, Goodman points out that “[Kotsur] seeks to represent a Class of supposedly similarly situated people on a statewide basis” and “[Goodman’s] Texas and Delaware citizenship clearly diverges from Plaintiff’s Pennsylvania citizenship.”
Second, “The requirement that the number of class plaintiffs must exceed 100 … is easily demonstrated by Plaintiff’s assertion that ‘the class is comprised of at least thousands of members geographically dispersed throughout the Commonwealth of Pennsylvania.'”
Finally, Goodman notes that Kotsur claims to have spent $2000 attempting to remedy his allegedly defective air conditioner unit and seeks to represent a Class of individuals who purchased Goodman air conditioning units in Pennsylvania since 2007.
According to Goodman in it’s Notice of Removal, this would amount to $803 million in damages. Goodman also points out the diversity of the class that would be represented in this class action.
“Sales records from 2007 through 2013 show that Goodman sold 391,313 residential air conditioners in Pennsylvania, which were used for personal, family, or household purposes,” Goodman states, and, “if each air conditioner is defective and there are potentially 391,313 Class Members, the amount in controversy would exceed $803 million.” Goodman also points out that “[m]oreover, Plaintiff also seeks attorneys’ fees, which must be considered as part of the analysis and would further increase the amount in controversy.”
The U.S. Judicial Panel on Multidistrict Litigation declined to centralize six putative class action lawsuits in December 2013.
Kotsur is represented by Jonathan Shub of Seeger Weiss LLP, Jonathan Tycko and Lorenzo Cellini of Tycko & Zavareei LLP and Gary Mason and Monica Bansal of Whitfield Bryson & Mason LLP.
The Goodman Air Conditioner Class Action Lawsuit is Robert Kotsur v. Goodman Global Inc., et al, Case No. 2:14-cv-01147, in the U.S. District Court for the Eastern District of Pennsylvania.
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33 thoughts onGoodman Air Conditioner Class Action May Cost $803M in Damages
Keep me informed I had 2 when house built getting ready to replace second unit now
Please keep me informed about any pending litigation in Georgia. My Goodman a/c was serviced on the 3rd of September and it went out on the 21st of September. A small leak in the coil unit is 4 years old and barely used.. Call headquarters in Houston and was told warranty yes but no labor is included $1480 how long is the attorney general in Georgia is going to let Goodman operate in the state. Always wanting a vote but you can’t hear our concerns
I built a new home in 2014 and the builder talked me into installing these Goodman units because they had a 10-year warranty. The first one went out within 5 years Parts were covered but labor was not $1,200.oo, and now the second one has the same problem with the coil leaking, now they tell me that the unit wasn’t registered so there is no warranty. Why hasn’t the Attorney General done something about this? These big companies just keep screwing us and our judicial system is looking the other way. Has anyone had any success fighting them on this issue?
Bought a 4 ton Goodman heat pump 2009 with 10 year warranty. A few years later the “A” coil leaked. Goodman sent a new one I had to pay labor and R22 Freon.
2017 “A” coil got another leak! R22 was $900 another $225 labor.
March 2020 “A” coil leaked out again. Warranty expired last July.
Not fixing it. I will save more by getting rid of it and buying a Lennox or American Standard or Bryant but you can bet your last dollar it will not be a Goodman again
in my lifetime. Here in Florida we need reliable a/c.
Im in the same boat right now.
Installed in 2013 and now I need to replace the coil due to a leak.
Unfortunately unit was not registered in the first 60 days so out of warranty..
Cost to buy a new coil with labor is 2700… dont know what to do
I’m in Maryland and had one installed in 2021 through American Gome Shield with nothing but problems since installation. Today I noticed it is leaking called AHS & noth8ng they can doabout it until tomorrow to schedule someone to come out.
Had agoodnab air conemwmt installed gas a freon leak in coil guy who installed it says garentee on cook leak is tzmhirty days needed freon wmeverytwo months and getting worse I need help
Horrifying to believe all these poor people are going through nightmare with Goodman Manufacturing and there AC unit breaking down. I’ve been going through this for 6 years now with this Goodman AC unit breaking down constantly and costing tons of money just to fix it the repair problems with the Goodman AC unit
I live in Florida . I purchased a Good man A C in 2007 had several problems shortly after . I had to replace the unit in 3 years. The compressor was junk. The labor was not covered . Very much decieving. The labor cost would have been as much as a new unit.
I have the same problem with my 2007 Goodman Coil, it actually started leaking in mid July and paid $200 for a tech to come out and check it and added 1 pound of freon. Then 4 weeks later its not cooling again, this time it cost $300 for the tech to come out and this one added 2.5 lb of freon and found a leak at the outside unit, it was small. But when he got to the coil his leak detector went crazy. He advised me the A Coil had a freon leak why he would add 2.5 pd of freon is beyond me. It lasted only 3 days then it would only keep the house like 77 and would run for hours. My electric bill is going to be so high for the past two months that I will not be able to pay it. I had to borrow the almost $500 of wasted freon and pretty much ripped off by HVAC techs that came out to the house and I’m unemployed right now with health issues. The last tech told me that I need a new A Coil and that it was a state law that he couldn’t install just that but I would have to buy a new outside unit as well and priced me $2,800 parts and labor.
So here I am sitting without any air in the hottest months of the summer. My Goodman has been nothing but trouble since it was purchased in 2007. In 2013 the electronic board went out on it, paid $200 to get a new one and have it installed, then a year and a half later it went out again but was covered under the warranty, well the part was but labor was $150. I wouldn’t purchase another Goodman ever and will tell everyone I know that they are JUNK and they don’t stand behind their product. Especially them not telling the customer about this faulty coils.
No Ac either in late july , early august. Goodman said new coils would be here in 7 days. It is too hot on my small housedogs and I am staying sick. I also spent over 800 getting freon put in my unit before the coils completely messed up. There was oil from the coils everywhere. They should have to replace the units for free not just the coils.
No AC for 6 weeks waiting on coil to ship. Received coil and that coil had a leak. Still with out AC waiting for another coil to ship. Goodman will not replace the unit so here we are in July and it is 100 degree’s outside. Please reopen the case. Goodman should be held responsible for these units and should replace them or refund our money.