Businesses and individuals who purchased drywall indirectly for end use may be entitled to money from class action settlements
BOSTON, July 13, 2018 /PRNewswire/ -- The following statement is being issued by Block & Leviton LLP, Finkelstein Thompson LLP and Green & Noblin PC regarding the Drywall Antitrust Litigation.
The lawsuit, known as In re Domestic Drywall Antitrust Litigation, MDL No. 2437 and 13-MD-2437, pending in federal court in Philadelphia, claims that certain manufacturers conspired to fix prices for Drywall, and as a result, businesses, individuals and entities purchasing drywall for end use and not for resale paid too much. This notice is only a summary; please visit the settlement website at www.indirectdrywallsettlement.com for the full Notice and other information, including deadlines, a list of defendants, and how to submit a claim.
New Settlement: A new settlement has been reached with the remaining defendants in the case (American Gypsum Company LLC, New NGC Inc., and PABCO Building Products LLC) for $1 million plus $250,000 to provide notice of this settlement. The new settlement affects all businesses, persons, or other entities currently residing in the U.S. that indirectly purchased Drywall in the U.S. manufactured by any of the Defendants, their subsidiaries, affiliates, or joint ventures for end use and not for resale between January 1, 2012 and January 5, 2018, with some exclusions identified on the settlement website. Visit the settlement website for a full explanation of who is affected by the settlement.
Proposed Distribution: If the New Settlement is approved it will conclude the litigation and funds from this settlement, and prior settlements with Defendants TIN Inc., USG Corporation, United States Gypsum Company, and Lafarge North America Inc., will be distributed. The total settlement proceeds are $16.95 million. Visit the settlement website for additional information about these previous settlements.
What are the benefits?
If approved, the Proposed Distribution allows class members who purchased drywall in certain states between January 1, 2012 and December 31, 2013 to recover monetary damages. The settlement funds will be distributed to eligible claimants after deduction of any court-ordered attorneys' fees, litigation expenses, and service awards to the Class Representatives. Visit the settlement website for eligible states and other information about the allocation of the settlement proceeds.
What are my rights?
You must file a claim by mail or online by January 9, 2019 to get a payment. If you submit a claim, you will be bound by the decisions of the court and give up your right to sue American, NGC, or PABCO regarding the claims in this lawsuit. If you do nothing you will not get a payment and you will be bound by the decisions of the Court. You may exclude yourself from the New Settlement by September 21, 2018. You will not receive a payment, but you will keep the right to bring your own lawsuit against American Gypsum, NGC, or PABCO at your own expense. Excluding yourself from the New Settlement Class will have no effect on your rights with respect to the prior settlements with Lafarge, TIN or USG.
You may object to the terms of the New Settlement by September 21, 2018 (but not the terms of the previously approved settlements with USG, TIN, or Lafarge). If you are a member of any of the Settlement Classes, you may object to the Proposed Distribution, the request for attorneys' fees and expenses, or the service awards. The settlement website describes how to submit a claim, opt out, or object.
The Court will hold a hearing on October 25, 2018 at 2:00 p.m. at the James A. Byrne U.S. Courthouse, 601 Market Street, Philadelphia, PA 19106, Courtroom 3A, to consider whether the New Settlement, the proposed distribution, and the motion for fees, costs, and service awards should be approved. The motions for settlement approval and attorneys' fees, costs, and service awards will be posted on the website after they are filed. You may attend this hearing, but you do not have to.
This is only a summary. Please visit the website www.indirectdrywallsettlement.com, call 1-855-229-7511 or write the Settlement Administrator c/o Drywall Settlement, P.O. Box 58190, Philadelphia, PA 19102-8190 for complete details of the settlement benefits and your rights.
SOURCE Block & Leviton LLP
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