class action

[siver]

McCune and Wright, a class action law firm based in Redlands CA has
filed a suit on behalf of myself and Acadia owners that have been hurt
financially....so basically everyone who ever bought one.
Visit this website for details: www.hallowellclassaction.com.
Jerry Siver

[USN-LPD7]

Why are the lawyers pointing to this group for discussions related to
their law suit and is it their intention to represent us as well?

Has anyone on this group been contacted by the attorneys by mail to
join in on the class action?

After reading the complaint and the compensation they are looking for
I dont get a warm and fuzzy that the average consumers of which most
of us are, will get much back let alone anywhere near the $9k the
systems cost or the hundreds/thousands of dollars that some are out of
pocket for repair.

Seems to me, and this is my opinion which is subject to contradicting
quantifiable objective evidence, that only the attorneys and the named
claimants will reap the benefits, the class will get a gift card to
starbucks or something like that.

[David Friedman]

After reading the compaint - I find that I can't really agree.  Hallowell did not engage in false advertising and the problems of the system were in my opinion entirely the fault of Bristol and I feel that by positing false claims or advertising we weaken and compromise the suit.

 

David Friedman

[Tom Berkey]

I concur with David's statement regarding false advertising on the part of Hallowell. My experience over the past 4 years suggests that their advertising was indeed correct. In any case, this is a weak legal argument against Hallowell as anyone with a product they want to sell engages in some hyperbole. I have no experience with the compressors used in the Acadia, so I have no position regarding Bristol's culpability in the Acadia failures. Count me out.

Tom Berkey

[MICHAEL BARRICK]

the brisol is the same one in carrier infinity 16 that is not being used buy them any more due to high failures they switched to copeland  unloading scrolls a much better unit. bristol was the only compressor in york for a long time evan they switched to alliance compressors

[KC]

It may just be because I've been clocking 12+ hour days this week
editing 100+ pages of poorly written scientific papers, but I was
feeling an involuntary need to get out a red pen about 2 pages into
reading this complaint. It doesn't give me a ton of confidence that
these folks are going to win much if a) it's their job to skillfully
use
the English language and b) they've got mismatched tenses and
throw singular and plural nouns and verbs together as if they're
all interchangeable.

Meh. Life doesn't come with guarantees, and I figure I take a risk
getting out of bed each morning (and some days I lose big time
with that bet) so I'm looking forward instead of back. Any of the
options I'm considering now will still end up costing me less than
if I had had a geothermal system installed instead of my Acadia -
even with the repair/replacement costs.

And pray tell, does this suit cover all owners nationally, or just
the ones in Massachusetts? Because Hallowell was in Maine,
Bristol is in Virginia, and the only defendant named in the
complaint that's in Massachusetts is F.W. Webb - so I find it
hard to believe that a case filed in a state court applying state
statute in Massachusetts will give me a payout in Michigan even
if they do win. Though I will wish you the best of luck.

On Jul 13, 9:41 pm, MICHAEL BARRICK

<mjbarric...@embarqmail.com> wrote:
> the brisol is the same one in carrier infinity 16 that is not being used buy them any more due to high failures they switched to copeland  unloading scrolls a much better unit. bristol was the only compressor in york for a long time evan they switched to alliance compressors
>
>
>
>
>
>
>
> ----- Original Message -----
> From: "Tom Berkey" <tom.ber...@gmail.com>
> To: hallowel...@googlegroups.com
> Sent: Wednesday, July 13, 2011 4:59:31 PM
> Subject: Re: class action
>
> I concur with David's statement regarding false advertising on the part of Hallowell. My experience over the past 4 years suggests that their advertising was indeed correct. In any case, this is a weak legal argument against Hallowell as anyone with a product they want to sell engages in some hyperbole. I have no experience with the compressors used in the Acadia, so I have no position regarding Bristol's culpability in the Acadia failures. Count me out.
>
> Tom Berkey
>

> On Wed, Jul 13, 2011 at 2:32 PM, David Friedman < dafrie...@gmail.com > wrote:
>
> After reading the compaint - I find that I can't really agree.  Hallowell did not engage in false advertising and the problems of the system were in my opinion entirely the fault of Bristol and I feel that by positing false claims or advertising we weaken and compromise the suit.
>
> David Friedman
>

[David Friedman]

I have had a suspicion that above and beyond the flat out failing starting circuit - Bristol's desire to get Acadia owners to switch to soft start (PTCR) is due to a more than reasonable mechanical failure rate when hard started.  That's why we have backed off on the start caps so significantly.

 

With a reliable starting circuit and softer start - I think we will get quality life.

 

David

[Ronald Eleveld]

Gentleman,

In reading the complaint I have several take aways...

The basis is false advertising, serviceability for its stated purpose, and they name Bristol in passing, however by suing all they can get an arguably get a jointly severally win.  I do agree that with some of the comments.  Also remember lawyers do not work for free, and in most of these things they need to find a party or parties that are culpable and ABLE to pay.  There is an attempt to have the Court declare that there is a class of plaintiffs.  

The issue my counsel indicated was getting to Bristol which most of us agree is the true culprit... it was not there compressor per se, it was the system they REQUIRED be used to start the systems, and which they blessed, which they now are pulling back from for the newer PCTR/soft start system.

As in many business decisions, had Bristol immediately rectified the start system, only a few compressors would have failed, but people at low pay grades usually do not see the big picture and get stuck in trying to protect their jobs... 

Just a few thoughts.

Ron

[Ronald Eleveld]

KC

I observed the same thing... I think this was a rush to court to beat out others.

I am not a lawyer, but I know enough to be a little dangerous as they say... The complaint is not one of the best I have ever read.  I think that they may modify the complaint at a later date based upon new information.  

The court can call this a class action and it should include all potential litigants.  The more litigants the greater potential to prevail, because of ore consistency and proof of the source of failure.

R

[David Friedman]

Ronald

 

Bristol's  compressor specifications still explicitly demand either PCTR for soft start and the dual potential relays for hard start and they could not sell their compressor if they withdrew hard start since it would not qualify for energy credits.

 

This is critical.  Bristol can't back away from necessity to use dual potental relays as they have speced the system, WHICH WAS NOT THE CASE FOR THE T-89 USED IN THE ACHP)  and in an e_mail I have from less than a month ago - they still agreed with the dual relay dual contactor solution - while at the same time "recommending" soft start.

 

My technical position is that they have compressor mechanical failure issues causing them to reccommend soft start - above and beyond the failure mechanism of the startng circuit.

 

Did your firm back away?

 

David

 

P.S.  My main issue with the complaint is that with focus on false advertising - this tends to point at Hallwoell who has no funds.  The lawyers need to focus (my opinion) first on Bristol where there may even be illegality (patent theft of USMR reported by Hassan Katah - founder of ICM) which caused Bristol to with-hold USMR information from Hallowell and from us -- and secondly Wells - where I am not sure what the fault to be found is -- but let the lawyers think that thru.  Any pointing at Hallowell is counterproductive.

 

David

[Jerry Siver]

I don’t mean to sound as though I am talking down to anyone but I’m sure this is how it will come across, so, sorry in advance.

What none of you apparently understand is how a class action is developed. You are all focusing on specific wording in the complaint and don’t have a clue as to the strategy the law firm is using. Without going into laborious detail, much of what goes on in a suit of this type is aimed a specific end game that may not be apparent in the beginning of the proceedings.

Having been involved in these kinds of suits as an insurance advisor to the businesses being sued I can say that I have seen several instances where my client who had no culpability simply sign over their right of recovery from the others listed in the suit, to the plaintiff in order to be removed from the action. I can’t say that is what is happening to Hallowell but it certainly would be a logical and productive legal tactic.

 

Jerry Siver, CPCU             

Siver Insurance Agency

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[Ronald Eleveld]

Jerry,

That is what I think they are doing in that getting to the court first, and throwing a fair amount of stuff at the wall. 

I have had experience in suits as well, and you are correct in that some 'fold' to release themselves from liability.

I anticipated a modification of the complaint as it winds its way thru the system.

R