Welcome to the Etter et. al. v. Norcold, Inc. settlement website.
On October 26, 2016, Judge Staton granted final approval of the class action settlement, awarded counsel attorney fees equal to 25% of the gross settlement, awarded each of the ten settling and seven non-settling plaintiffs an incentive award of between $1,580 and $7,500, and ordered Class Counsel (Zimmerman Reed) and Non-Settling Counsel (Terrence Beard and Hagens Berman) to mediation regarding the allocation of the attorney fees before November 30, 2016. Absent any appeal or further delay, the Claims Administrator will advance the first settlement payment to those claimants in the class who submitted timely claim forms approximately 15 days after the Final Effective Date of the Settlement.
Click here to view or download a copy of the Final Approval Order dated October 26, 2016.
This website contains information regarding a proposed class action settlement that has been preliminarily approved by the Court in Etter et. al. v. Norcold, Inc., Case No. 8:13-CV-0081-JLS-RNB.
NATURE OF THE SETTLEMENT
Generally, the lawsuits allege that Defendants' Norcold 1200 Series, N8 Series and N6 Series Gas Absorption Refrigerators, typically installed in RVs (motorhomes, travel trailers, and boats), share a safety related defect in the cooling unit which, in certain circumstances, causes the boiler tubes to corrode and leak flammable gas, exposing owners and other users of the RVs to the risk of fire. The lawsuits allege class claims for breach of state consumer protection statutes and for breach of express and implied warranties. Full copies of the complaints and other relevant pleadings can be reviewed on the Court Documents page of this website. Those claims are being settled and released as part of this settlement, should it be approved and should you elect to remain in the class and accept the benefits offered and terms. Claims for personal injury, wrongful death and for damage to property other than to the subject refrigerators are called Reserved Claims and are not released under the settlement.
Defendants deny any wrongdoing and have denied all allegations in the complaints and asserted many defenses. In addition, Defendants have recalled the 1200 Series Refrigerators and retrofitted them with a device aimed at preventing a fire in the certain circumstances of a leak.
THE SETTLEMENT CLASS
You are included in the Settlement Class if you:
- Currently own, or formerly owned, a Norcold 1200 Series Gas Absorption Refrigerator or Cooling Unit that was manufactured between January 1, 2002, and October 1, 2012; OR,
- Currently own a Norcold N6 Series Gas Absorption Refrigerator or Cooling Unit, or a Norcold N8 Series Gas Absorption Refrigerator or Cooling Unit, that was manufactured between January 1, 2009, and December 31, 2013.
Owners of other Norcold Gas Absorption Refrigerator models and manufacture years are not in the Class, and are not releasing any claims. Also, specifically excluded from the Class are:
- any officers, directors or employees of Defendants;
- any judge assigned to hear this case (or spouse or family member of any assigned judge);
- any employee of the Court;
- any juror selected to hear this case;
- any person who had claims against Defendants for personal injury, wrongful death or for damage to property in relation to an alleged defective Gas Absorption Refrigerator or Cooling Unit which were fully resolved by way of settlement, dismissal or judgment prior to July 21, 2014;
- any person who as of July 21, 2014, had a separate lawsuit pending against Defendants in any state or federal court asserting claims related to an alleged defective Gas Absorption Refrigerator or Cooling Unit;
- any person who purchased a Norcold Gas Absorption Refrigerator as used equipment, either as a standalone product or as a component part of a used RV sale, that no longer had a Norcold Cooling Unit installed at the time of purchase but rather had a cooling unit manufactured by a manufacturer other than Norcold at the time of purchase; and
- persons who timely and properly exclude themselves from the Class as provided in this Agreement.
The settlement does not involve claims of personal injury, wrongful death or damage to property other than to the Norcold Refrigerator they own or owned, as a result of a leak or fire. Such claims are reserved and are not released.