On January 12, 2012, Domfoam International Inc. The Domfoam Parties have agreed to share significant and meaningful information about the alleged conspiracy with Plaintiffs in this case. The Domfoam Settlement does not provide for monetary benefit. Plaintiffs will release the Domfoam Parties (other than the Corporate Domfoam Defendants) with respect to all claims in this case.
The Domfoam Settlement is between Plaintiffs and the Domfoam Parties only it does not affect any of the remaining non-settling Defendants. Complete details of the benefits can be found in the proposed Vitafoam Settlement Agreement, and in the Detailed Notice, at the website listed below. The Vitafoam Defendants have also agreed to make an additional payment of not less than $4,000,000, and up to a maximum of $10,000,000, when they resolve any claims they are pursuing as plaintiffs in In re Urethane Antitrust Litigation, 04-md-1616 (JWL) (D. In exchange, the Vitafoam Defendants have agreed (i) to initially pay $5,000,000 to a fund to pay Vitafoam Settlement Class Members and (ii) to cooperate with Plaintiffs.
Plaintiffs will release the Vitafoam Defendants with respect to all claims in this case. The Vitafoam Settlement is between Plaintiffs and the Vitafoam Defendants only it does not affect any of the remaining non-settling Defendants. Excluded from the Settlement Class are: 1) Defendants and Co-conspirators and their respective parents, subsidiaries, and affiliates and 2) any Direct Purchaser who timely elects to be excluded from this Settlement. Inoac Corporation and Crest Foam Industries Inc. As used herein, "Co-conspirators" are the following entities that were included as Defendants in Plaintiffs' consolidated amended complaint, but have since been voluntarily dismissed from the litigation without prejudice: Ohio Decorative Products, Inc. Louis Carson David Carson Woodbridge Foam Corporation Woodbridge Sales & Engineering, Inc. Otto Bock Polyurethane Technologies, Inc. Hickory Springs Manufacturing Company Leggett & Platt, Inc. As used herein, "Defendants" refers to both the settling Vitafoam Defendants and Corporate Domfoam Defendants, as well as the non-settling Defendants: Carpenter Co. The proposed Class includes all Direct Purchaser Plaintiffs that purchased Flexible Polyurethane Foam in the United States directly from a Defendant or Co-conspirator from Januthrough August 2010. A detailed description of its use and application along with important Court Documents can be found at Who is a Class Member? As used herein, Flexible Polyurethane Foam does not include "rigid" (or technical) foam. As used herein, Flexible Polyurethane Foam includes block foam (also known as commodity or slabstock foam), carpet underlay, and engineered, or molded, foam, as well as fabricated – that is, cut-to-specification –foam products made from these types of foam. Plaintiffs claim that Defendants agreed to fix, raise, stabilize, or maintain the price of Flexible Polyurethane Foam, which caused direct purchasers to pay more for Flexible Polyurethane Foam than they would have otherwise paid. This Settlement does not provide for monetary payment. (the "Corporate Domfoam Defendants"), along with potential defendants A-Z Sponge & Foam Products Ltd., Bruce Bradley, Dean Brayiannis, Michael Cappuccino, Peter Foti, Duke Greenstein, John Howard, Dale McNeill, James William Sproule, Robert Rochietti-Valle, Tony Vallecoccia, and Fred Zickmantel (together with the Corporate Domfoam Defendants, the "Domfoam Parties"). Settlement 2 - The " Domfoam Settlement" includes Defendants Domfoam International Inc. This settlement provides for monetary payment.
and Vitafoam Products Canada Limited (the "Vitafoam Defendants"). Settlement 1 - The " Vitafoam Settlement" includes Defendants Vitafoam Inc. Plaintiffs have reached a proposed Settlement in two class action lawsuits concerning certain producers of Flexible Polyurethane Foam and Flexible Polyurethane Foam Products. YOUR LEGAL RIGHTS ARE AFFECTED WHETHER OR NOT YOU ACT. If you purchased Flexible Polyurethane Foam directly from any Flexible Polyurethane Foam manufacturer you could be a Class Member in two proposed class action settlements. 29, 2013 /PRNewswire/ - The following statement is being issued by BOIES, SCHILLER & FLEXNER LLP and QUINN EMANUEL URQUHART & SULLIVAN, LLP regarding two proposed flexible polyurethane foam class action settlements.
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