CMX 2004 - Plumbing & HVAC

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Fabric Air Diffuser Systems
INDUSTRIAL
MAKEUP AIR
FLOWCON Air Diffusers
are being used as a
highly effective system
for dispersing and mixing
outside makeup air and
are reversible.
Patron Products Inc, Scarborough, Ont. M1V 5G4
1-800-361-5451 Fax: (416) 298-1412
Circle Number 191 for More Information
There is a proposed Settlement of two class action lawsuits, Kelman
et al. v. The Goodyear Tire & Rubber Company et al. and Galanti v.
The Goodyear Tire & Rubber Company. The first lawsuit is pending
in the Ontario Superior Court of Justice. The second lawsuit is
pending in the United States District Court for the District of New
Jersey. The lawsuits concern Entran II hose used in Canada and the
United States. (The lawsuit does not include Massachusetts, New
Hampshire, Maine, Vermont, Connecticut and Rhode Island.) Entran
II was manufactured and sold by The Goodyear Tire & Rubber
Company and Goodyear Canada Inc. (“Defendants”).
What is the Litigation About?
Plaintiffs allege that the Defendants manufactured defective Entran
II hose. The product was used in radiant heating and snowmelting
systems. They claim the hose is prone to leaking when operated
under normal conditions. Entran II was also known as Twintran,
Nytrace, Entran II Trace, Entran II Wire, Entran 2, Entran 2 Trace,
and Entran 2 Wire. Defendants deny all claims of wrongdoing made
by Plaintiffs. Defendants believe that if properly maintained Entran
II hoses do not cause a problem.
Who is Involved?
You may be a member of the Settlement Class if you are the current
or former owner of property in which the Entran II hose has been
installed. The property must be in Canada or the United States,
including territories and possessions. If you own or owned property
in Massachusetts, New Hampshire, Maine, Vermont,
Connecticut or Rhode Island, in which Entran II was
or is installed, you are not part of this lawsuit. To see
if your hose is covered by this Settlement you should
check the Settlement Web site or call the toll free
number below.
What are the Settlement Terms?
The Settlement Fund will be between $196 million
and $236 million (U.S.). Defendants will pay this
amount over a five (5) year period. Depending upon
the number of claims, Class Counsel estimate some
Class Members may receive as much as 40% of the
cost of remediation. Information on the specific relief Class
Members can expect is detailed in a document called the Plan of
Allocation and Distribution. Class Counsel developed the Plan with
the assistance of the Special Master, appointed by the Court, and
other interested parties. The Plan is available on the Settlement Web
site or by calling the number below.
LEGAL NOTICE FOR CANADIAN PROPERTY OWNERS
Circle Number 192 for More Information
If You Know the Current or Former Owner of Property in which
Entran II Hose was or is used for Radiant Heating or Snowmelting
Please provide them with the following information about this class action settlement.
Entran II is an orange
rubber hose used in
radiant hydronic heating
and snowmelt systems,
usually stamped with the
name “Heatway” or
“Heatway Systems” on
the outside.
Class Counsel will petition the Court for reasonable attorneys’
fees, in an amount not to exceed $58.8 million or 30% of the
Settlement Fund, and expenses payable from the Settlement Fund.
What Are My Legal Rights?
• If you wish to remain a member of the Settlement Class, you do
not have to do anything. But, to share in the Settlement Fund you
must file a claim as discussed below. If the Courts approve the
proposed Settlement, you will receive the benefits of the proposed
Settlement. You will also be bound by all the courts’ orders. This
means you will drop any claims you may have against the
Defendants that are covered by the Settlement.
• If you wish to file a claim, you must complete a Claim Form. You
can get a Claim Form by contacting the Claims Administrator in
writing, at the address given below, or by calling the toll-free number.
It is also available on the Settlement Web site. Claim Forms must be
signed and postmarked no later than October 26, 2009.
• If you do not wish to be a member of the Settlement Class, you
must sign a Request for Exclusion letter as outlined in the
Settlement Agreement and Notice. Your request must be
postmarked no later than May 7, 2004.
When Will the Settlement be Approved?
The Ontario Superior Court of Justice will hold a Fairness Hearing
to decide if the proposed Settlement is fair, reasonable
and adequate October 26, 2004. The Hearing will be
held at 10 a.m. at the Ontario Superior Court of
Justice, 361 University Avenue, Toronto, Ontario
M5G 1T3.
In addition, the United States District Court for the
District of New Jersey will hold a Fairness Hearing to
decide if the proposed Settlement is fair, reasonable
and adequate on October 19, 2004. The Court will
hold a separate second Hearing to consider Class
Counsel’s request for attorneys’ fees, November 3,
2004. Both Hearings will be held at 10 a. m. at the
United States District Court for the District of New
Jersey, 402 East State Street, Room 2020, Trenton, N.J. 08608.
If you remain a member of the Settlement Class, you or your
counsel have the right to appear before the Court and object to the
Settlement. However, in order to object, you must file a written
objection, as outlined in the Settlement Agreement and Long Form
Notice. Objections must be filed by May 7, 2004.
For Information on the Proposed Settlement, Your Rights and a Copy of the Notice and Claim Form:
Visit: www.entraniisettlement.com Call: 1-800-254-9222
or Write: Entran II Claims Administrator, P.O. Box 1051, Fort Erie, Ontario L2A 6C7
PLEASE DO NOT CALL THE COURT
TS Technical Training and Resources
TSSA has given us authorization to open a
Training Facility to provide OBT (Oil Burner Technician) training.
An OBT 2 course will begin in May of 2004.
Location: Kitchener area • Cost: $2150.00 plus gst
(books and exam will be billed separately)
Format: Please call for course schedule
Questions and Registration:
David Kerr (519) 699-4681 (519) 699-4286
dkerr@tstraining.com
Index of Advertisers
Advertisers
Page
Accubid 28
AMTS 29
Astravan 25
Atmosphair 67
Atofina 5
Beckett 9
Beckett 21
Bradford White 30
Camus 9
CGF Products 65
Chrysler 54
Copeland 31
Décor Grates 32
Delta Faucet 8
Digi-Cool 9
Dupont 11
Enmar 17
Entran 69
Fantech 23
Flexible Eutectic 33
Gas Solutions 26
General Motors 62
General Pipe Cleaners 10
Gordon Williams 25
Gordon Williams 66
Heil 24
Honeywell Genetron 34
HRAI 70
ISH NA 35
Kamco 36
Keeprite 37
Keeprite 53
Knaack Mfg. 58
Lennox 3
Madok 38
Mag Tool 64
Mag Tool 70
MEET 6
MITSair 39
Mitsubishi Electric 40
Moen 2
MRG Drouin 21
MTP Instruments 42
Mueller Flow 58
Mueller Flow 58
Newmac 18
NTI Inc. 43
ECR-Olsen 44
Patron 69
P&HVAC Product News 41
Redmond Williams 45
Ridge 4
Roberts Gordon 64
Roth 26
Saniflo 60
Schwank 26
Schwank/InfraSave 66
Superior Radiant Products 19
tekmar Control Systems 22
Tempstar 12, 13
Thermo Manufacturing 48
Thermal Hydronic 11
TS Technical Training 69
VanTerior 56
Victualic 65
Victualic 67
Viessman 49
Watts 20
Watts 63
Weil McLain 51
Wirsbo 52
Wolseley 72
Wolseley Frontier 71
Literature Showcase: 68
Accubid Systems, CGF Products,
Evolution Air, First Smart Sensor,
Flexible Eutectic, MITS Air, Mitsubishi,
Moen, tekmar, Wolseley Canada
Circle Number 174 for More Info
www.plumbingandhvac.ca March/April 2004 – Plumbing & HVAC Product News 69