This 44-state class action is in New Jersey federal court (docket number 03-CV-209). The proposed settlement will not be effective until this court and the Ontario Superior Court of Justice grant it final approval.

A separate class action in Massachusetts federal court (docket number 01-CV-10118) covers homeowners in the six New England states of Connecticut, Maine, Massachusetts, New Hampshire, Rhode Island and Vermont. The court certified the class in that case on June 2, 2003. The parties in the Massachusetts case have not reached a settlement.

Entran II

Entran II is an orange rubber hose used in radiant heating and snowmelting systems. In hydronic radiant heating systems, Entran II hose was installed under flooring, connected to a heat source, and filled with a liquid. The liquid typically used in hydronic radiant heating systems is water or a water-glycol mix. The fluid is heated by a boiler and circulated throughout the system via the hose. The fluid radiates its heat through the floor and into the adjoining space. Similar systems have been used for melting snow on driveways, sidewalks, and roofs.

The hose was made by Goodyear from 1989 to 1993, and about 25 million feet was sold in North America for heating floors and melting snow off driveways. It was distributed to plumbing supply houses, contractors, and consumers by Childs Power Supply, Inc., doing business as Heatway Radiant Floors and Snowmelting. In the 1990s, homeowners allegedly began having problems with the hose as it hardened and began decomposing. Allegedly, black sludge flooded basements and damaged property when it leaked from the hose; it also ruined the mechanical parts of the heating system.

The problems experienced with Entran II are made worse by the fact that most of the hose is not readily visible for inspection. Entran II is often buried under floors, embedded in concrete, or hidden in ceilings. Thus, it is difficult for homeowners to determine if their Entran II hose is deteriorating, and it is expensive and invasive to have to replace the hose. The action alleges that, due to the likelihood that all Entran II hose is hardening and will eventually fail, even a homeowner whose system appears normal may suffer damages in the form of diminished resale value of his or her home.

According to Heatway, there are three typical stages of failure for Entran II hose:

1. It usually becomes hard at or near the connections.

2. It begins to change color, usually going from orange to dark red, or reddish-brown, but sometimes white. Leaks may begin to appear at the connections.

3. The embrittlement of the hose continues, often extending throughout the entire circuit, and leading to leaks at other parts of the hose.

Testing performed by experts retained by homeowners has allegedly determined that Entran II is defective as designed by Goodyear, that it is not fit for use in hydronic radiant heating systems, and that it must be replaced. To date, more than 2,000 homeowners have filed claims with Heatway related to Entran II hose. It is believed that many more homeowners who have not yet filed claims are also affected by Entran II hose, although they may not be aware of the problem because failure of Entran II often goes unnoticed and unreported until significant property damage to the home occurs.

In most homes, there are several areas where a homeowner can look to determine if he or she has Entran II hose. The first place to start is the boiler room where Entran II hose is usually visible. Entran II is easy to identify--it is bright orange with a label that reads "Entran II." Although the hose was designed and manufactured by Goodyear, Entran II also bears Heatway's name.

Entran II may also be visible behind access panels that conceal the manifolds to which Entran II is connected. Frequently, these access panels are located in walls near the floor, and are often found in closets. When those access panels are opened, it is usually easy to identify Entran II. Finally, Entran II can be spotted in access boxes for snowmelt systems. Again, these access boxes contain the copper manifolds to which Entran II is connected. Access boxes are often made of plastic, and resemble plastic boxes used to house lawn sprinkler system valves.

If you discover Entran II in your home, you should immediately contact a plumbing contractor.

Numerous private actions have been filed against Goodyear because of the hose. The latest action was decided in Denver in June 2003 by a federal jury, which found Goodyear liable for approximately $4 million in damages due to faulty home heating and sidewalk snowmelting systems. Goodyear and now-bankrupt Heatway each were found 50 percent responsible for $8 million in damages claimed by 35 Colorado homeowners who filed suit.