Today, the 10th Circuit denied the petition for interlocutory review filed by Defendant Goodyear of the District Court of Colorado's March 2014 order certifying a liability-only class of present and former homeowners of Entran 3 heating systems in Colorado. The case will now be remanded to the District Court of Colorado for further proceedings before Judge R. Brooke Jackson, including dissemination of notice to putative class members and trial.
Plaintiffs allege that the heating systems will inevitably fail, causing damage to other property in the home. The Entran 3 system is used to provide radiant floor heating and snowmelt systems. The systems were sold by a company called Heatway, which no longer exists, and uses rubber hose manufactured by Goodyear, the sole defendant in the class action.
"The Tenth Circuit's decision to deny Goodyear's petition validates the soundness of the class certification order," plaintiffs' attorney Jason S. Rathod said. "We look forward to litigating the case in the trial court and striving to maximize relief for the class."
If you or anyone you know owns or owned a home in Colorado with an Entran 3 heating system installed, please contact Jason Rathod at 202-640-1165 for more information about the suit.