In re Polyurethane Foam
Antitrust Litigation
www.flexiblepolyurethanefoamsettlement.com



OVERVIEW

In re Polyurethane Foam Antitrust Litigation, Case No. 1:10-md-02196-JZ

The Court has certified a class in this lawsuit. In so doing, the Court has not ruled on the underlying merits of any of the claims or defenses made by either side in this case. Plaintiffs previously settled with Defendants Vitafoam Inc. and Vitafoam Products Canada Limited (the “Vitafoam Defendants”); Domfoam International Inc. and Valle Foam Industries (1995) Inc. (the “Domfoam Defendants”); Leggett & Platt, Incorporated (“Leggett & Platt”), and Carpenter Co., E. R. Carpenter, L.P., and Carpenter Holdings, Inc. (collectively, “Carpenter”). Plaintiffs in this class action have also reached six separate settlements with Defendants 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. (these entities together, “Woodbridge”).

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.

What Do The Settlements Provide?

  1. The FFP Settlement is between Plaintiffs and FFP only. Plaintiffs and FFP Settlement Class Members will release FFP from all pending claims and in exchange, FFP has agreed: (i) to pay $16,000,000 to a fund to compensate FFP Settlement Class Members; and (ii) to provide limited cooperation to Plaintiffs.
  2. The FXI Settlement is between Plaintiffs and FXI only. Plaintiffs and FXI Settlement Class Members will release FXI from all pending claims and in exchange, FXI has agreed: (i) to pay $60,000,000 to a fund to compensate FXI Settlement Class Members; and (ii) to provide limited cooperation to Plaintiffs.
  3. The Future Foam Settlement is between Plaintiffs and Future Foam only. Plaintiffs and Future Foam Settlement Class Members will release Future Foam from all pending claims and in exchange, Future Foam has agreed (i) to pay $32,000,000 to a fund to compensate Future Foam Settlement Class Members; and (ii) to provide limited cooperation to plaintiffs.
  4. The Hickory Springs Settlement is between Plaintiffs and Hickory Springs only. Plaintiffs and Hickory Springs Settlement Class Members will release Hickory Springs from all pending claims and in exchange, Hickory Springs has agreed (i) to pay $19,500,000 to a fund to compensate Hickory Springs Settlement Class Members; and (ii) to provide limited cooperation to plaintiffs.
  5. The Mohawk Settlement is between Plaintiffs and Mohawk only. Plaintiffs and Mohawk Settlement Class Members will release Mohawk from all pending claims and in exchange, Mohawk has agreed (i) to pay $98,000,000 to a fund to compensate Mohawk Settlement Class Members; and (ii) to provide limited cooperation to plaintiffs.
  6. The Woodbridge Settlement is between Plaintiffs and Woodbridge only. Plaintiffs and Woodbridge Settlement Class Members will release Woodbridge from all pending claims and in exchange, Woodbridge has agreed (i) to pay $50,000,000 to a fund to compensate Woodbridge Settlement Class Members; and (ii) to provide limited cooperation to plaintiffs.

Settlement funds may be reduced by court-ordered attorneys’ fees and reimbursement of litigation expenses, as approved by the Court. This may include administration of the FFP Settlement, the FXI Settlement, the Future Foam Settlement, the Hickory Springs Settlement, the Mohawk Settlement, and the Woodbridge Settlement (collectively, “the Settlements”). The Certification Class, the FFP Settlement Class, the FXI Settlement Class, the Future Foam Settlement Class, the Hickory Springs Settlement Class, the Mohawk Settlement Class, and the Woodbridge Settlement 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 the incentive award for the Representative Plaintiffs are available for viewing under the “Court Documents” section of this website. If you wish to review the motion or additional details on how funds will be allocated, you may do so by visiting this “Court Documents” section of this website.

For more information concerning the prior Leggett & Platt and Carpenter Settlements, please go to the Leggett & Platt Settlement, Carpenter Settlement, and Certification FAQs section. For more information concerning the prior Vitafoam and Domfoam Settlement, please go to the Vitafoam And Domfoam Settlement FAQs section.

What Are My 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 all claims known and unknown, asserted or un-asserted, arising out of or relating to claims made or which could have been made on the same or similar facts in this case. You may be eligible to receive a payment from the Settlements if you submit a timely Claim Form (by first-class mail postmarked by September 15, 2015 or pre-paid delivery service to be hand-delivered by September 15, 2015). If you previously submitted a Claim Form in connection with the Vitafoam, Carpenter, or Leggett & Platt Settlements, you do not need to submit another Claim Form now.
EXCLUDE YOURSELF

From one or more of the FFP Settlement Class, FXI Settlement Class, Future Foam Settlement Class, Hickory Springs Settlement Class, Mohawk Settlement Class, and/or Woodbridge Settlement Class

AND

The Certification Class (by First-Class Mail Postmarked by, or Pre-Paid Delivery Service to be Hand-Delivered by, September 15, 2015)
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 all claims known and unknown, asserted or un-asserted, arising out of or relating to claims made or which could have been made on the same or similar facts 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.

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 already considered excluded from all six Settlement Classes and the Certification Class, and do not need to resubmit any exclusion request.
EXCLUDE YOURSELF

From one or more of the FFP Settlement Class, FXI Settlement Class, Future Foam Settlement Class, Hickory Springs Settlement Class, Mohawk Settlement Class, and/or Woodbridge Settlement Class (by First-Class Mail Postmarked by, or Pre-Paid Delivery Service to be Hand-Delivered by, September 15, 2015)

AND DO NOT
EXCLUDE YOURSELF


From 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 all claims known and unknown, asserted or un-asserted, arising out of or relating to claims made or which could have been made on the same or similar facts in this case.
OBJECT

To one or all of the FFP Settlement, FXI Settlement, Future Foam Settlement, Hickory Springs Settlement, Mohawk Settlement, and/or Woodbridge Settlement (by First-Class Mail Postmarked by, or Pre-Paid Delivery Service to be Hand-Delivered by, September 15, 2015)
You can 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.
GO TO THE HEARING

On October 9, 2015 at 10:00 a.m., After Filing a Timely Objection
If you file a timely objection, you may speak in Court about the fairness of the Settlement(s) or Settlement Class(es) to which you objected.
SUBMIT A CLAIM FORM IN THE SETTLEMENTS

By First-Class Mail Postmarked by, or Pre-Paid Delivery Service to be Hand-Delivered by, September 15, 2015
This is the only way to receive a payment from the Settlements. However, if you previously submitted a Claim Form in connection with the Vitafoam, Carpenter, and/or Leggett & Platt Settlements, you do not need to submit another Claim Form now.

Fairness Hearing

The Court will hold a “Fairness Hearing” to determine whether to grant final approval of the Settlements and to consider the motion for attorneys’ fees 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. Courthouse, 1716 Spielbusch Avenue, Toledo, OH 43604.

Class Counsel’s Motion for Final Settlement Approval and its Motion for Fees and Reimbursement of Litigation Expenses were filed with the Court on July 17, 2015. The motion by Class Counsel for attorneys’ fees and costs and an incentive award for the Representative Plaintiffs are available for viewing on the “Court Documents” section of this website.