The Law Firms of Block & Leviton LLP, Finkelstein Thompson LLP, and Green & Noblin PC Announce $10.5 Million Dollar Drywall Class Action Settlement Alleging Price Fixing.
BOSTON, May 1, 2015 /PRNewswire/ -- The following statement is being issued by Block & Leviton LLP, Finkelstein Thompson LLP and Green & Noblin PC regarding the Drywall Antitrust Litigation.
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If you purchased Wallboard INDIRECTLY from one or more of the companies listed below, your rights may be affected by proposed Settlements
Proposed class settlements totaling $10.5 million have been reached with two Defendants in In re Domestic Drywall Antitrust Litigation, MDL No. 2437 and 13-MD-2437, pending in the U.S. District Court for the Eastern District of Pennsylvania.
If you purchased for end use wallboard manufactured and/or distributed by CertainTeed Gypsum, Inc., USG Corporation, United States Gypsum Company, New NGC, Inc., Lafarge North America, Inc., Eagle Materials, Inc., American Gypsum Company LLC, PABCO Building Products, LLC, TIN, Inc., or their subsidiaries (collectively, the "Defendants"), between January 1, 2012 and November 30, 2014, you may be a class member. "Wallboard" means paper-backed gypsum wallboard, also called drywall or plasterboard.
What is the lawsuit about? Plaintiffs allege that Defendants violated state and federal laws by fixing wallboard prices, causing Class Members to pay inflated prices. Plaintiffs seek damages, injunctive relief, and attorneys' fees and expenses. Defendants deny Plaintiffs' allegations, and the Court has not determined who is right. Plaintiffs have reached separate agreements to settle the lawsuit with (1) TIN Inc. ("TIN") and (2) USG Corporation, United States Gypsum Company, and USG Corporation's subsidiary L&W Supply Corporation (collectively, "USG"). Litigation continues against the other Defendants.
Who is included? The TIN and USG Settlement Classes each include all persons or entities that indirectly purchased for end use and not for resale wallboard in the United States manufactured or distributed by the Defendants or their subsidiaries from January 1, 2012 through November 30, 2014. The settlements recover money for Class Members in Arizona, Arkansas, California, the District of Columbia, Florida, Illinois, Iowa, Kansas, Maine, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Nebraska, Nevada, New Hampshire, New Mexico, New York, North Carolina, North Dakota, Puerto Rico, Rhode Island, South Dakota, Tennessee, Utah, Vermont, West Virginia, and Wisconsin. Excluded are Defendants, their parent companies, subsidiaries, affiliates, officers, directors and employees, any federal governmental entities and instrumentalities, any judicial officer presiding over the Action, any member of his or her immediate family and judicial staff, and any juror assigned to the Action.
What do the settlements provide? In exchange for their release and dismissal, TIN will pay $1.75 million, and USG will pay $8.75 million. Each defendant has agreed to provide cooperation with Plaintiffs as set forth in their respective settlement agreements.
Your rights may be affected. If you are a member of either Settlement Class and wish to remain in it, you do not need to take any action now, and your interests will be represented by Plaintiffs and Class Counsel.
If you do not want to be bound by one or both settlements, you must submit a written request for exclusion, postmarked no later than June 30, 2015. If you exclude yourself from a Settlement Class, you will not be a part of the settlement with that defendant, but will preserve your right to file or maintain your own lawsuit against it and will not be bound by any judgment dismissing it. Excluding yourself will not affect your rights regarding non-settling Defendants.
If you do not opt out, you can object to a settlement's terms or to Plaintiffs' request to utilize up to $2.5 million of the settlement funds to pay litigation expenses. Your objection must be filed no later than June 30, 2015.
More information on objecting or requesting exclusion is available at www.IndirectDrywallSettlement.com.
The Court will hold a final approval hearing on July 15, 2015 at 10 a.m. at the James A. Byrne United States Courthouse, 601 Market Street, Philadelphia, PA 19106, Courtroom 3A. The hearing may be continued without notice.
Further information is available at www.IndirectDrywallSettlement.com, or you may call 1-855-229-7511.
Do not contact the Court.
Dated: March 16, 2015
BY ORDER OF:
The United States District Court for the Eastern District of Pennsylvania
SOURCE Block & Leviton LLP
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