MRO Magazine

If you purchased Flexible Polyurethane Foam directly from any Flexible Polyurethane Foam manufacturer from January 1, 1999 through July 31, 2010, you could be a Class Member in six proposed class action settlements


June 8, 2015
By PRN NewsWire

WASHINGTON, June 8, 2015 /PRNewswire/ — The following statement is being issued by BOIES, SCHILLER & FLEXNER LLP and QUINN EMANUEL URQUHART & SULLIVAN, LLP regarding the In re Polyurethane Foam Antitrust Litigation.

YOUR LEGAL RIGHTS ARE AFFECTED. PLEASE READ THIS NOTICE CAREFULLY.

Plaintiffs in this class action have reached six proposed settlements in a class action lawsuit concerning certain producers of Flexible Polyurethane Foam and Flexible Polyurethane Foam products. Plaintiffs have reached settlements with FFP Holdings, LLC (“FFP”), Foamex Innovations, Inc. (“FXI”), Future Foam, Inc. (“Future Foam”), Hickory Springs Manufacturing Company (“Hickory Springs”), Mohawk Industries, Inc. (“Mohawk”), and Woodbridge Foam Corporation, Woodbridge Sales & Engineering, Inc., and Woodbridge Foam Fabricating, Inc. (collectively “Woodbridge”).

What are the Benefits of the Settlements?

Settlement 1: FFP – The “FFP Settlement” is among Plaintiffs, the Certification Class(1), the FFP Settlement Class, and FFP only. Plaintiffs, Certification Class Members, and FFP Settlement Class Members will release FFP from all pending claims, and in exchange FFP has agreed to: (i) pay $16,000,000 to a fund to compensate FFP Settlement Class Members; and (ii) provide limited cooperation at or before trial.

Settlement 2: FXI – The “FXI Settlement” is among Plaintiffs, the Certification Class, the FXI Settlement Class, and FXI only. Plaintiffs, the Certification Class, and FXI Settlement Class Members will release FXI from all pending claims, and in exchange FXI has agreed to: (i) pay $60,000,000 to a fund to compensate FXI Settlement Class Members; and (ii) provide limited cooperation at or before trial.

Settlement 3: Future Foam – The “Future Foam Settlement” is among Plaintiffs, the Certification Class, the Future Foam Settlement Class, and Future Foam only. Plaintiffs, Certification Class Members, and Future Foam Settlement Class Members will release Future Foam from all pending claims, and in exchange Future Foam has agreed to: (i) pay $32,000,000 to a fund to compensate Future Foam Settlement Class Members; and (ii) provide limited cooperation at or before trial.

Settlement 4: Hickory Springs – The “Hickory Springs Settlement” is among Plaintiffs, the Certification Class, the Hickory Springs Settlement Class, and Hickory Springs only. Plaintiffs, the Certification Class, and Hickory Springs Settlement Class Members will release Hickory Springs from all pending claims, and in exchange Hickory Springs has agreed to: (i) pay $19,500,000 to a fund to compensate Hickory Springs Settlement Class Members; and (ii) provide limited cooperation at or before trial.

Settlement 5: Mohawk – The “Mohawk Settlement” is among Plaintiffs, the Certification Class, the Mohawk Settlement Class, and Mohawk only. Plaintiffs, Certification Class members, and Mohawk Settlement Class Members will release Mohawk from all pending claims, and in exchange Mohawk has agreed to: (i) pay $98,000,000 to a fund to compensate Mohawk Settlement Class Members; (ii) provide limited cooperation at or before trial; and (iii) withdraw its arbitration demand. At Mohawk’s request, the Court previously stayed in favor of arbitration all claims against Mohawk from customers that directly purchased Flexible Polyurethane Foam (including carpet cushion or carpet underlay) from Mohawk during the Class Period and had an arbitration agreement with Mohawk for those purchases. (See Court Order dated August 12, 2014, Docket No. 1311). Mohawk has agreed to withdraw its arbitration demand and the Mohawk Settlement therefore covers and resolves arbitrable claims in addition to the non-arbitrable claims.

Settlement 6: Woodbridge – The “Woodbridge Settlement” is among Plaintiffs, the Certification Class, the Woodbridge Settlement Class, and Woodbridge only. Plaintiffs, Certification Class members, and Woodbridge Settlement Class Members will release Woodbridge from all pending claims, and in exchange Woodbridge has agreed to: (i) pay $50,000,000 to a fund to compensate Woodbridge Settlement Class Members; and (ii) provide limited cooperation at or before trial.

Note that Settlement funds may be reduced by attorneys’ fees and reimbursement of litigation expenses, as approved by the Court. This may include administration of the Settlements. These Settlement Classes and the Certification Class are represented by William A. Isaacson of BOIES, SCHILLER & FLEXNER LLP and Stephen R. Neuwirth of QUINN EMANUEL URQUHART & SULLIVAN, LLP. The motion by Class Counsel for attorneys’ fees and costs and an incentive award for the Representative Plaintiffs will be available for viewing on the Settlement Website after it is filed. After that time, if you wish to review the motion or additional details on how funds will be allocated, you may do so by visiting www.flexiblepolyurethanefoamsettlement.com.

What is this lawsuit about?

The lawsuit is known as In re Polyurethane Foam Antitrust Litigation, Case No. 10-md-2196, and is pending in the United States District Court for the Northern District of Ohio, in Toledo. Direct purchasers of Flexible Polyurethane Foam allege that Defendants conspired to fix, raise, stabilize, or maintain the prices and allocate territories or customers of Flexible Polyurethane Foam, in violation of antitrust laws. As used herein, Flexible Polyurethane Foam includes both “slabstock” flexible polyurethane foam (also known as “block” foam), fabricated or converted foam products made from “slabstock” flexible polyurethane foam, and carpet underlay (also known as “carpet cushion,” “carpet pad” or “carpet padding”) manufactured from polyurethane foam. The term Flexible Polyurethane Foam does not include “molded” foam (also known as “engineered” foam) or “rigid” foam (also known as “technical” foam). Important Court Documents containing more detailed allegations and additional descriptions of the uses and applications of Flexible Polyurethane Foam can be found at the Settlement Website: www.flexiblepolyurethanefoamsettlement.com.

Who is a Class Member?

You are a member of all six Settlement Classes, as well as the Certification Class, if you are among: All persons or entities that purchased Flexible Polyurethane Foam (but excluding molded foam) directly from Defendants and/or their co-conspirators from January 1, 1999 to July 31, 2010 for purchase from or delivery into the United States. Excluded from all six Settlement Classes and the Certification Class are governmental entities, Defendants, their alleged co-conspirators, and their officers, employees, agents, representatives, parents, subsidiaries and affiliates. Also excluded from all six Settlement Classes and the Certification Class are those who timely and validly opted out of the Certification Class on or before January 26, 2015 and/or who were deemed by the Court to have validly opted out of the Certification Class despite an untimely exclusion request (Dkt. 1540). In addition, excluded from the six Settlement Classes and the Certification Class are those who validly and timely elect to exclude themselves from those Classes by September 15, 2015.

Who are the Defendants?

The companies Plaintiffs sued are called Defendants. The following Defendants previously entered into settlements with Plaintiffs: Leggett & Platt, Incorporated (“Leggett & Platt”), Carpenter Co., E. R. Carpenter, L.P., and Carpenter Holdings, Inc. (collectively “Carpenter”); Vitafoam, Inc. and Vitafoam Products Canada Limited (collectively “Vitafoam”); Domfoam International Inc. and Valle Foam Industries (1995) Inc. (collectively Domfoam/Valle Foam). FFP, FXI, Future Foam, Hickory Springs, Mohawk, and Woodbridge–the six settling Defendants–are all of the remaining Defendants in this case.

How do I receive a payment?

To receive a payment from any of the Settlements, you must submit a Claim Form. To request a Claim Form, you may visit www.flexiblepolyurethanefoamsettlement.com or contact the Notice Administrator at 1-888-331-9196. If you previously submitted a Claim Form in connection with the Vitafoam, Leggett & Platt, or Carpenter Settlements, you do not need to submit another Claim Form.

What are my rights and options?

— Take no action: You will receive the non-monetary benefits of the Settlements. You will give up the right to sue FFP, FXI, Future Foam, Hickory Springs, Mohawk, and Woodbridge with respect to the claims asserted in this case. You may be eligible to receive a payment from the Settlements if you submit a timely Claim Form by September 15, 2015, or previously submitted a Claim Form in connection with the previous settlements. — Exclude yourself from any of the Settlement Classes and the Certification Class: This is the only option that allows you to ever be a part of any other lawsuit against FFP, FXI, Future Foam, Hickory Springs, Mohawk, or Woodbridge with respect to the claims asserted in this case. You can choose to exclude yourself from all or some of the Settlements. However, you can be part of a lawsuit against one or more of these settling Defendants only if you exclude yourself both from the applicable Settlement Class and the Certification Class. The Settlements resolve the claims of all of the Settlement Classes and the Certification Class. Accordingly, if you opt out only from the Settlement Class(es), you will still be bound by the Certification Class’s Settlement with the applicable Defendant(s), unless you also opt out of the Certification Class. The deadline to exclude yourself from any of the six Settlement Classes and the Certification Class is September 15, 2015. If you already elected to exclude yourself from the Certification Class by the previously-established January 26, 2015 deadline, and/or you were deemed by the Court to have validly opted out of the Certification Class despite an untimely exclusion request (Dkt. 1540), you are considered excluded from all six Settlement Classes and the Certification Class, and do not need to resubmit any exclusion request. — Exclude yourself from any of the Settlement Classes and not the Certification Class: If you elect to exclude yourself from any of the Settlement Classes, but do not also elect to exclude yourself from the Certification Class, you will give up the right to all non-monetary and monetary benefits of the Settlement(s) from which you have excluded yourself. You will still be considered part of the Certification Class. The Settlements release the claims of the Certification Class, and, if the Settlements are approved by the Court, the claims of the Certification Class will be dismissed. As a result, if you elect to remain a member of the Certification Class, you will not be able to be a part of any other lawsuit against any of the settling Defendants with respect to the claims asserted in this case. — Object to one or more of the six Settlements: You can remain in the Settlement Classes and object to or comment on any term of the Settlements. You may explain to the Court in writing why you do not like one or more of the Settlements. Even if you object to a Settlement or proposed Settlement Class, you will remain a member of that proposed Settlement Class. You can exclude yourself from some of the Settlements, but still object to the other Settlements from which you do not exclude yourself. The deadline to object is September 15, 2015.

When is the Fairness Hearing?

The Court has scheduled a “Fairness Hearing” on October 9, 2015 at 10:00 a.m., at the following address:

United States District Court James M. Ashley and Thomas W. L. Ashley U.S. Courthouse1716 Spielbusch AvenueToledo, OH 43604

The purpose of the Fairness Hearing is to determine whether the Settlements are fair, reasonable, and adequate, whether the Court should grant final approval of the Settlements, and whether the Court should enter a final Judgment of dismissal of the lawsuit as to FFP, FXI, Future Foam, Hickory Springs, Mohawk, and Woodbridge with prejudice. The Court will also consider the motion for attorneys’ fees. You do not need to attend this hearing. You or your own lawyer may attend the hearing if you wish, at your own expense. Members of the Settlement Classes are advised to check the Settlement Website for any updates.

Where do I get additional information?

This Notice is only a summary. For more detailed information about the Settlements, you may review documents available at www.flexiblepolyurethanefoamsettlement.com. You may also obtain more information by contacting the Notice Administrator at 1-888-331-9196 or send your questions to In re Polyurethane Foam Antitrust Litigation, c/o GCG, P.O. Box 9907, Dublin, OH 43017-5807.

PLEASE DO NOT CONTACT DEFENDANTS OR THE COURT FOR INFORMATION REGARDING THIS LAWSUIT.

(1) As used in this Notice, “Certification Class” refers to the Direct Purchaser Class, as that class was certified and defined in the Court’s April 16, 2014 Order (Dkt. 1115). “[Defendant] Settlement Class” refers to the respective Settlement Classes defined in each Settlement. Those Settlements and the full language of the applicable releases are available at www.flexiblepolyurethanefoamsettlement.com.

To view the original version on PR Newswire, visit:http://www.prnewswire.com/news-releases/if-you-purchased-flexible-polyurethane-foam-directly-from-any-flexible-polyurethane-foam-manufacturer-from-january-1-1999-through-july-31-2010-you-could-be-a-class-member-in-six-proposed-class-action-settlements-300093326.html

BOIES, SCHILLER & FLEXNER LLP and QUINN EMANUEL URQUHART & SULLIVAN, LLP

CONTACT: William A. Isaacson, BOIES, SCHILLER & FLEXNER LLP, Phone:202-237-2727; or Stephen Neuwirth, QUINN EMANUEL URQUHART & SULLIVAN, LLP,Phone: 212-849-7000