Filed April 20, 2026 / Case 2:26-cv-11294 / E.D. Mich.
HVAC Lawsuit State List: The 30 States Rule for Contractor Price-Fixing Recovery
The April 20, 2026 filing of Richard Isom v. Trane Technologies PLC changed the game for the HVAC trades. But your ability to collect a check depends on a 50-year-old legal barrier called the Illinois Brick Doctrine, and whether your state is on the Green List.
By Mark CantrellThis guide sits between the two active HVAC price-fixing cases: the homeowner class action Berg v. Bosch and the contractor / distributor case Isom v. Trane Technologies. Read those for the underlying conspiracy. Read this to figure out whether your shop can actually collect.
The Illinois Brick Wall: Direct vs. Indirect Purchasers
In federal antitrust law, the Illinois Brick Co. v. Illinois, 431 U.S. 720 (1977) — U.S. Supreme Court doctrine states that only the person who bought directly from the price-fixing manufacturer can sue for federal damages. Everyone further down the supply chain is, in the eyes of the Sherman Act, invisible.
1. The Federal Path (Direct Purchasers)
You are a direct purchaser if you buy equipment from manufacturer-owned stores or controlled joint ventures. These shops have standing to sue under the federal Sherman Act for treble damages regardless of what state they operate in.
- •Lennox Stores — Lennox International
- •Trane Supply — Trane Technologies
- •Carrier Enterprise — Carrier Global (controlled JV)
- •Goodman / Daikin / ABCO / Universal Supply — Daikin Industries
- •York / Johnson Controls / Bosch outlets — Johnson Controls / Bosch
2. The State Path (Indirect Purchasers)
If you buy from a truly independent, mom-and-pop supply house, you are an indirect purchaser. Under federal law you are technically invisible.
Your only path to recovery is your state's antitrust statute, and only if your state has passed an Illinois Brick repealer law (the Green List below).
Decision Tree
Direct vs. Indirect Purchaser Pathways
Start
Where did you buy your HVAC equipment?
Path A
Manufacturer-Owned Store
Lennox Stores, Trane Supply, Carrier Enterprise, Goodman/Daikin, Johnson Controls/York/Bosch
You are a Direct Purchaser
Federal Path
Sue under the Sherman Act
Treble damages available in ALL 50 states. State law does not matter.
Path B
Independent Wholesaler
Truly unaffiliated, mom-and-pop supply house not owned by a Big Seven manufacturer
You are an Indirect Purchaser
Is your state on the Green List?
Yes — Green List
State Path Open
30 states + DC: AZ, CA, HI, ID, NV, NM, OR, UT, IL, IA, KS, MI, MN, MO, NE, ND, SD, WI, ME, MD, NH, NY, RI, VT, AR, FL, MS, NC, TN, WV, DC.
No — Red List
Currently Blocked
Includes TX, OK, and ~19 other non-repealer states. Only path is to qualify as a direct purchaser.
The Green List: 30 States with Repealer Laws
Roughly 30 states (and Washington, D.C.) have passed Illinois Brick repealer statutes. These laws allow small business owners to seek damages under state law even if they are one step removed from the manufacturer.
| Region | Repealer States (You CAN sue as an indirect purchaser) |
|---|---|
West |
|
Midwest |
|
Northeast |
|
South |
|
Instant State Eligibility Checker
Click your state to see if you can recover as an indirect purchaser under your state's antitrust law.
Informational tool only. Antitrust standing is fact-specific. Confirm your status with qualified counsel before relying on it.
The Red List (Texas, Oklahoma, and others)
In states like Texas and Oklahoma, the law typically favors big business over the people they harm. In these jurisdictions, if you bought from an independent wholesaler, you are currently blocked from recovery. Your only path is to prove you are a direct purchaser from a manufacturer-owned store.
The Math: Why This Is a Must-File for Contractors
Manufacturers have consistently used the A2L tax and SEER2 regulations as a smokescreen to hike prices roughly 56% while actual component costs only rose by approximately $165 per unit. For the underlying audit, see our SEER2 and A2L price-increase fact check.
Federal Treble Damages Formula
Available under the Sherman Act and in most Repealer States.
Potential Recovery = (Annual Equipment Spend × 8% Overcharge) × 3
Worked Example: $1,000,000 Annual Equipment Spend
Hidden 8% Overcharge
$80,000
Sherman Act Multiplier
× 3
Potential Recovery
$240,000
For a mid-sized shop, that 8% hidden tax is not an $80k loss. It is a quarter-million-dollar potential payday once trebled.
Universal Checklist: What to Do Now
Reject the Pass-On Myth
Do not believe the lie that you cannot sue because you raised your prices to the homeowner. Under Hanover Shoe, Inc. v. United Shoe Machinery Corp., 392 U.S. 481 (1968) — U.S. Supreme Court, the pass-on defense is illegal in federal antitrust cases. You were harmed the moment you paid that inflated invoice.
Organize Your Data
Manufacturers are betting you will not have your receipts. Save every invoice from January 1, 2020 to the present. Capture brand, model, serial number, distributor, date, and price paid. Our contractor survival guide walks through the exact tracking template.
Stop the Clock
The Sherman Act statute of limitations is generally four years. Acting now protects your right to recover overcharges from the massive 2022 price hikes before they fall outside the window.
Engage Class Counsel
Patrick McGahan and the team at Scott+Scott Attorneys at Law LLP are auditing contractor records to make sure shops are not left behind by the Illinois Brick wall. They operate on full contingency, meaning you pay nothing out-of-pocket unless they win for you.
Frequently Asked Questions
Verification Data
OFFICIAL REFERENCES & SOURCES
All claims in this article are supported by court filings, federal data, and recognized trade publications. Links open in a new tab.
