And then there were six: HVAC manufacturer lawsuits move toward consolidation

More than a dozen attorneys on Wednesday joined a status conference presided over by Judge Susan DeClercq of the U.S. District Court for the Eastern District of Michigan to determine how several, nearly identical antitrust lawsuits against major HVAC manufacturers will move forward. 

• Catch up quick: Filed over the past two months, multiple proposed class-action suits allege that Bosch, Carrier, Daikin, Lennox, Rheem, Trane, and AAON have conspired to fix prices and overcharge for equipment since January 2020. 

What’s happening: DeClercq noted Wednesday that “we’re up to six cases” and quipped about how many billable hours the attorneys were racking up. 

Between the lines: The attorneys agreed to coordinate for pretrial purposes, moving the cases along three distinct tracks representing three categories of plaintiffs:

• The initial complaint, filed March 20 by Minnesota resident Alyssa Berg, represents end users of HVAC products.
• Another suit, filed April 22 by New York-based Safford’s Heating, Cooling, and Refrigeration, represents indirect purchasers — businesses that bought HVAC equipment from distributors rather than directly from manufacturers.
• And four other cases, also filed by contractors, represent purchasers who bought equipment directly from manufacturers or their distribution arms. 

Of note: One attorney during the meeting said he expected more plaintiffs from additional states to join the Berg case. 

• What we’re watching: Once amended or consolidated complaints are filed, the manufacturers’ attorneys will have between 84 and 91 days to file their responses.