Class Action Info
Miller Law, LLC Announces a Notice of Pendency of Class Action and Notice in Connection with Settlement for Purchasers of Certain Products Containing Polyurethane Foam
CHICAGO, Jan. 12, 2015 /PRNewswire/ —
SUMMARY NOTICE OF PENDENCY OF CLASS ACTION AND NOTICE IN CONNECTION WITH SETTLEMENT
If You Purchased Certain Products—Carpet Cushion, Bedding Products (for example, mattresses or pillows), or Upholstered Furniture—Containing Polyurethane Foam, a Class Action Lawsuit and Settlement May Affect Your Rights.
Si usted compró Cojín Alfombra, Ropa de cama (por ejemplo, colchones o almohadas), o muebles tapizados que Contiene espuma de poliuretano, una demanda colectiva y solución puede afectar sus derechos. Para una notificación en Español, llamar o visitar nuestro website.
A lawsuit called In re Polyurethane Foam Antitrust Litigation, Index No. 10-MD-2196 (JZ) is pending in the United States District Court for the Northern District of Ohio in Toledo. The case is about whether certain manufacturers of polyurethane foam (which is used in carpet cushion, bedding products (such as, mattresses or pillows), and upholstered furniture) conspired to raise the prices of polyurethane foam. On April 9, 2014, the Court decided that this lawsuit could proceed as a class action on behalf of a "Class" or group of people and entities that may include you. Defendants petitioned for leave to appeal that decision and on September 29, 2014, the Sixth Circuit Court of Appeals denied Defendants' request. Additionally, a partial settlement has been reached with two of the Defendants: Valle Foam Industries, Inc. and Domfoam International, Inc. (the "Settling Defendants"). The litigation is continuing against all other defendants (the "Non-Settling Defendants").
The Court has not decided who is right or wrong and nothing in this Notice or the Court's order permitting this case to proceed as a class action expresses any opinion by the Court as to whether the Class will ultimately be successful on their claims or whether Defendants are in any way liable to the Class. Instead, the Court has ordered this notice to provide information so you may make an informed decision regarding your legal rights.
This notice summarizes your rights and options before an upcoming trial against the Non-Settling Defendants and related to the proposed Partial Settlement. More information is contained in a detailed notice available at the website below.
What Is This Case About?
The lawsuit claims that the Defendants engaged in a conspiracy to increase prices of polyurethane foam, which is used in carpet cushion, bedding products (like mattresses and pillows), and upholstered furniture, and to allocate customers. Plaintiffs contend that Defendants' actions violated antitrust and consumer protection laws in numerous states. The parties have vigorously litigated the suit for several years, including many motions and an interlocutory appeal. The Non-Settling Defendants deny that they did anything wrong and/or that they are liable to the Class. The Court has not decided who is right. If this case goes to trial, the lawyers for the Class will have to prove their claims with the Non-Settling Defendants at a trial.
Are You Affected?
If you purchased, not for resale, carpet cushion, bedding products (for example, mattresses or pillows), or upholstered furniture containing polyurethane foam made by Carpenter Co., Domfoam International, Inc., FFP Holdings LLC (f/k/a/ Flexible Foam Products LLC and f/k/a Flexible Foam Products, Inc.), FXI-Foamex Innovations, Inc., Future Foam, Inc., Hickory Springs Manufacturing Co., Mohawk Industries, Inc., Leggett & Platt, Incorporated, Scottdel Inc., Valle Foam Industries, Inc., Vitafoam Products Canada Limited, Vitafoam, Inc., Woodbridge Foam Corporation, Woodbridge Sales & Engineering, Inc., or Woodbridge Foam Fabricating, Inc., in AL, AZ, CA, CO, DC, FL, HI, IL, IA, KS, ME, MA, MI, MN, MS, MO, NE, NV, NH, NM, NY, NC, ND, OR, RI, SD, TN, VT, WV, WI during the period January 1, 1999 to the present, then you are a member of the Class. You are included in the Class if you purchased polyurethane foam "indirectly," meaning that you did not purchase polyurethane foam directly from any of the Defendants, but instead bought a product from a company other than one of the Defendants that incorporated polyurethane foam made by one of the Defendants.
What Does the Partial Settlement Provide?
A Partial Settlement has been reached with the Settling Defendants: Valle Foam Industries, Inc. and Domfoam International, Inc. No money is being paid by Valle Foam Industries, Inc. and Domfoam International, Inc., but they have agreed to provide substantial assistance to the Class in the prosecution of their claims.
Who Represents You?
The Court has appointed Marvin A. Miller of Miller Law, LLC to represent the Class. The lawyers for the Class will have to prove their claims with the remaining Defendants at a trial. No date has been set for when the trial will begin.
What Are Your Options?
If you are included in the Class, you will need to decide whether to: (1) stay in the Class or (2) ask to be excluded from the Class.
To stay in the Class, you do not need to do anything at this time. You will be legally bound by all orders and judgments of the Court, and you won't be able to sue, or continue to sue, the Defendants as part of any other lawsuit for conspiring to fix prices or allocate customers of polyurethane foam or polyurethane foam products which contain polyurethane foam manufactured by Defendants.
If you do not want to participate in this lawsuit or the Partial Settlement, you may request to exclude yourself from the Class. If you exclude yourself, you will not be bound by or benefit from any court orders, jury verdicts, or settlements approved by the Court, but you keep your right to sue or otherwise resolve your claims, if any, with Defendants on your own. Requests to Exclude must be in writing and received by March 13, 2015. You can obtain more information at www.PolyFoamClassAction.com.
The Court will hold a hearing on April 2, 2015, at 9:00 a.m. at the Carl B. Stokes U.S. Court House, 801 W. Superior Avenue, Cleveland, Ohio 44113 to consider whether to approve the proposed Partial Settlement with Valle and Domfoam. If you stay in the Class, you may object or comment on the Partial Settlement by March 13, 2015. You or your own lawyer may, but are not required to, ask to appear and speak at the hearing at your own cost. The Court may change the date, time or location of the hearing. To obtain the most up-to-date information regarding the hearing date and location, please visit www.PolyFoamClassAction.com or call 866-302-7323.
If you have questions or want a detailed Notice or other documents about this lawsuit and your rights, go to www.PolyFoamClassAction.com or call 866-302-7323. Para una notificación en Español, llamar o visitar nuestro website.