WHEELING, Ill., Dec. 16, 2015 /CNW/ -- On December 14th, 2015, Judge Theresa Springmann, of the Northern District of Indiana, accepted the recommendation of Magistrate Judge John Martin to award Wabash Power and co-plaintiff (collectively "Wabash") $5,016,105.69 resulting from a lawsuit filed in June of 2013.
In the lawsuit, Wabash alleged that defendants BTU Solutions DE, LLC, BTU State Line, LLC, and State Line Energy, LLC (collectively "BTU Solutions") misrepresented equipment sold at an auction of industrial assets from the State Line Energy Power Plant in Hammond, Indiana. Plaintiffs purchased two steam turbine generators and four condensers during the auction to sell for scrap. BTU Solutions represented specific metallurgy, volume, and thickness of the tubes inside the condensers, thereby creating express warranties. A BTU manager also represented tubes inside the heat exchangers as a specific material.
In reality, two of the condensers contained different metallurgy worth significantly less in scrap sales, and there were only about half the number of tubes represented. All four condensers contained tubes that were a fraction of the thickness represented in the auction. The heat exchangers also contained material that was contrary to representations made. And further, BTU Solutions failed to let Wabash know that asbestos abatement would be required. BTU Solutions made Wabash pay hundreds of thousands of dollars, threatening that if abatement was not done, the job would be shut down.
BTU Solutions created single purposes entities for their activities relating to the State Line Energy Power Plant. Judge Martin recommended treble damages in excess of $5 Million because BTU Solutions, whose managers were Jared Rossi, Johnny Fjord, and Joseph Grealish, breached express warranties to the plaintiffs, committed fraud in the inducement, and committed deception in contravention of the Indiana Crime Victim Relief Act. BTU Solutions made no objection to Judge Martin's recommendation. Wabash is pleased with Judge Springmann's acceptance of Judge Martin's recommendations. The case number is USDC IN/ND case 2:13-cv-00202-TLS-JEM.
About Wabash Power Equipment Company
Wabash Power is a leading rental boiler supplier nationwide and worldwide. Wabash also supplies power generation equipment. Visit wabashpower.com to learn how we can supply the right equipment right now.
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