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.
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 Class1
, 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
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www.flexiblepolyurethanefoamsettlement.com
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