LAWSUITS NEWS & LEGAL INFORMATION
Massive Polyurethane Foam Antitrust Class Action Settlements Reached
This is a settlement for the Antitrust lawsuit.
Santa Clara, CA: Purchasers of a product that contains flexible polyurethane foam, such as a mattress, couch or carpet underlay, may be eligible to receive money from nine proposed consumer fraud class action settlements valued at $151,250,000.
A lawsuit known as In re Polyurethane Foam Antitrust Litigation, Case No. 10-MD-2196, is pending in the United States District Court for the Northern District of Ohio in Toledo. The Court previously approved Settlements with two Defendants in the lawsuit: Valle Foam Industries, Inc. and Domfoam International, Inc.
Additional Settlements have now been reached with the following Defendants: (1) Carpenter Co., (2) FFP Holdings LLC, (3) Future Foam, Inc., (4) FXI Holdings, Inc., (5) Hickory Springs Manufacturing Company, (6) Leggett & Platt, Incorporated, (7) Mohawk Industries, Inc., (8) Vitafoam (Vitafoam Products Canada Limited, and Vitafoam, Inc.), and (9) Woodbridge (Woodbridge Foam Corporation, Woodbridge Sales & Engineering, Inc., and Woodbridge Foam Fabricating, Inc.). Together, these "Additional Settling Defendants" will be paying a total of $151,250,000 into the Settlement Fund. There are no other Defendants that have not settled.
Several individuals and businesses ("Plaintiffs") brought claims on behalf of a Class of end-user "indirect" purchasers of products that contain flexible polyurethane foam manufactured or supplied by the Defendants. These products include bedding (for example, mattresses, mattress toppers, or pillows), carpet underlay (also called carpet padding or carpet cushion), and upholstered furniture (for example, a sofa with foam cushions).
Plaintiffs claim Defendants engaged in a conspiracy to: (i) increase prices of flexible polyurethane foam and (ii) not compete for, or "allocate," customers. Plaintiffs contend Defendants violated numerous States' antitrust and consumer protection laws. Defendants deny these claims and deny they are liable to Plaintiffs in any way. The Court has not decided who is right.
Who is included in the lawsuit?
YOU are included in the lawsuit and may be entitled to money IF:
1. You purchased one or more of the following products containing flexible polyurethane foam that was manufactured in the United States: upholstered furniture (such as a couch with foam cushions), carpet underlay (foam padding), or bedding products (such as a foam mattress or pillow), and
2. You are the end-user of the product that you purchased, meaning you did not buy it for resale to someone else, and 3. You made your purchase in AL, AZ, CA, CO, DC, FL, HI, IL, IA, KS, ME, MA, MI, MN, MS, MO, NE, NV, NH, NM, NY, NC, ND, OR, RI, SD, TN, VT, WV, or WI, and
4. You made your purchase during the time period January 1, 1999 to August 1, 2015.
What do the Settlements provide?
Defendants in the nine Settlements will pay a total of $151,250,000. If the Plan of Allocation is approved by the Court, payments will be made to each Claimant from each Settlement pro rata based on the number of valid claims filed and the amounts paid for qualifying products. You can obtain more details about the Plan of Allocation at www.PolyFoamClassAction.com,
The Settlement Fund may also be used to pay for: (1) the cost to administer the Settlements, (2) attorneys' fees, costs, and expenses, and (3) awards to Class Representative Plaintiffs. Plaintiffs' counsel will request attorneys' fees not to exceed thirty percent (30%) of $151,250,000, plus reimbursement of costs and expenses. The Court will then decide a reasonable fee and expense award.
To receive payment you must submit a Claim Form. For complete information on filing a claim or opting out of the settlements, visit www.PolyFoamClassAction.com, The deadline to submit a claim is FEBRUARY 29, 2016. A final settlement hearing will be held December 2015.
Published on Aug-12-15
A lawsuit known as In re Polyurethane Foam Antitrust Litigation, Case No. 10-MD-2196, is pending in the United States District Court for the Northern District of Ohio in Toledo. The Court previously approved Settlements with two Defendants in the lawsuit: Valle Foam Industries, Inc. and Domfoam International, Inc.
Additional Settlements have now been reached with the following Defendants: (1) Carpenter Co., (2) FFP Holdings LLC, (3) Future Foam, Inc., (4) FXI Holdings, Inc., (5) Hickory Springs Manufacturing Company, (6) Leggett & Platt, Incorporated, (7) Mohawk Industries, Inc., (8) Vitafoam (Vitafoam Products Canada Limited, and Vitafoam, Inc.), and (9) Woodbridge (Woodbridge Foam Corporation, Woodbridge Sales & Engineering, Inc., and Woodbridge Foam Fabricating, Inc.). Together, these "Additional Settling Defendants" will be paying a total of $151,250,000 into the Settlement Fund. There are no other Defendants that have not settled.
Several individuals and businesses ("Plaintiffs") brought claims on behalf of a Class of end-user "indirect" purchasers of products that contain flexible polyurethane foam manufactured or supplied by the Defendants. These products include bedding (for example, mattresses, mattress toppers, or pillows), carpet underlay (also called carpet padding or carpet cushion), and upholstered furniture (for example, a sofa with foam cushions).
Plaintiffs claim Defendants engaged in a conspiracy to: (i) increase prices of flexible polyurethane foam and (ii) not compete for, or "allocate," customers. Plaintiffs contend Defendants violated numerous States' antitrust and consumer protection laws. Defendants deny these claims and deny they are liable to Plaintiffs in any way. The Court has not decided who is right.
Who is included in the lawsuit?
YOU are included in the lawsuit and may be entitled to money IF:
1. You purchased one or more of the following products containing flexible polyurethane foam that was manufactured in the United States: upholstered furniture (such as a couch with foam cushions), carpet underlay (foam padding), or bedding products (such as a foam mattress or pillow), and
2. You are the end-user of the product that you purchased, meaning you did not buy it for resale to someone else, and 3. You made your purchase in AL, AZ, CA, CO, DC, FL, HI, IL, IA, KS, ME, MA, MI, MN, MS, MO, NE, NV, NH, NM, NY, NC, ND, OR, RI, SD, TN, VT, WV, or WI, and
4. You made your purchase during the time period January 1, 1999 to August 1, 2015.
What do the Settlements provide?
Defendants in the nine Settlements will pay a total of $151,250,000. If the Plan of Allocation is approved by the Court, payments will be made to each Claimant from each Settlement pro rata based on the number of valid claims filed and the amounts paid for qualifying products. You can obtain more details about the Plan of Allocation at www.PolyFoamClassAction.com,
The Settlement Fund may also be used to pay for: (1) the cost to administer the Settlements, (2) attorneys' fees, costs, and expenses, and (3) awards to Class Representative Plaintiffs. Plaintiffs' counsel will request attorneys' fees not to exceed thirty percent (30%) of $151,250,000, plus reimbursement of costs and expenses. The Court will then decide a reasonable fee and expense award.
To receive payment you must submit a Claim Form. For complete information on filing a claim or opting out of the settlements, visit www.PolyFoamClassAction.com, The deadline to submit a claim is FEBRUARY 29, 2016. A final settlement hearing will be held December 2015.
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