What is this lawsuit about?
The lawsuit claimed that the Bionaire BCH9208 Ceramic Tower Heater is defective and that if Plaintiff had known of the defect, she would not have purchased it or would have paid less for it than she did. Plaintiff alleged that normal, intended use of the heater—heating a space to a predetermined temperature within the normal operating range and maintaining that temperature—results in overheating. Defendant does not believe Plaintiff’s claims have merit and has denied and continues to deny any and all claims, including but not limited to claims of defect and/or allegations concerning the safety of the heater.
Who is included?
The Court decided that everyone who fits this description is a Class Member: All persons within the State of California who purchased a new Bionaire BCH9208 Ceramic Tower Heater for their own use and not for resale at any time since March 20, 2010.
Excluded from the Class are Defendant; Defendant’s affiliates, subsidiaries, or co-conspirators; employees of Defendant, including its officers and directors; the Court to which this case is assigned; and any persons who have already returned and have been refunded for their heater.