Poly Foam Antitrust Litigation
Poly Foam Antitrust Litigation
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The information contained on this website is only a summary.  You may download a copy of the full Notice of Flexible Polyurethane Foam Settlements (the “Notice”) by clicking here.

La información contenida en esta página es sólo un resumen. Usted puede bajar una copia de la notificación completa de la demanda (el "Aviso") seleccionando aquí.

 

If You Purchased a Product That Contains Flexible Polyurethane Foam,

Such as a Mattress, a Couch, or Carpet Padding,

You Could Be Eligible to Receive Money by Participating in Nine

Proposed Class Action Settlements

Valued at $151,250,000.

 

Notice was previously published of the Court’s decision to certify as a class action a lawsuit alleging that producers of flexible polyurethane foam conspired to raise the prices of and allocate markets for flexible polyurethane foam and flexible polyurethane foam products. That prior notice provided the opportunity to remain in the Class or request exclusion from it.

The Notice is to advise you of nine (9) Settlements that have been entered into since that earlier notice and to explain the principal terms of those Settlements and your rights in connection with them. Members of the Settlement Classes can file a Proof of Claim now to get a payment from all nine (9) Settlements. You may review and obtain copies of the Settlement Agreements entered into by the Defendants by clicking here.

UPDATE: On January 27, 2016, the Court entered a Memorandum Opinion and Order Re: Settlement Motions approving the Settlements.  For a copy of the Memorandum and Order, please click here.

YOUR LEGAL RIGHTS AND OPTIONS IN THESE SETTLEMENTS:

TAKE NO ACTION

You do not have to take any action now to remain part of the Settlement Classes; however, to receive money, you must file a claim.

SUBMIT A CLAIM FORM

To receive money from the Settlement Funds, you will need to file a claim form by February 29, 2016. (See Question 9 of the Notice.) Click here to download a copy of the claim form or click here to be directed to the online claims filing website.

OBJECT

If you do not like an aspect of any of these Settlements, you may write to the Court by November 13, 2015. (See Question 11 of the Notice.)

GO TO THE COURT’S HEARING

If you submit an objection, you may also speak about your objection at the Court hearing on December 15, 2015 at 10:00 a.m. (See Questions 11, 17, 18, and 19 of the Notice.)

EXCLUDE YOURSELF

You may exclude yourself from any or all of these Settlements by November 25, 2015. (See Question 6 of the Notice.)

         The Notice is given under Rule 23 of the Federal Rules of Civil Procedure and by Order of the United States District Court for the Northern District of Ohio (the “Court”).

       There is a class action lawsuit pending involving flexible polyurethane foam bought indirectly from Carpenter Co., Domfoam International, Inc., FFP Holdings LLC (f/k/a Flexible Foam Products, LLC and f/k/a Flexible Foam Products, Inc.), FXI Holdings, Inc., Foamex International, Inc., Future Foam, Inc., Hickory Springs Manufacturing Company, 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. The lawsuit is known as In re Polyurethane Foam Antitrust Litigation, 10-MD-2196, MDL No. 2196, and is pending in the United States District Court for the Northern District of Ohio in Toledo. The lawsuit alleges the above-identified companies, called Defendants, conspired with each other and also other named and unnamed flexible polyurethane foam producing companies to allocate markets and to fix prices for flexible polyurethane foam used in bedding, carpet underlay, and upholstered furniture. All of the Defendants deny these allegations and deny they are liable to Plaintiffs in any way.

         On April 16, 2014, the Court decided this lawsuit could proceed as a class action under the laws of twenty-nine states and the District of Columbia on behalf of a “Class” or group of people and entities that may include you. The states include: Alabama, Arizona, California, Colorado, Florida, Hawaii, Illinois, Iowa, Kansas, Maine, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Nebraska, Nevada, New Hampshire, New Mexico, New York, North Carolina, North Dakota, Oregon, Rhode Island, South Dakota, Tennessee, Vermont, West Virginia, and Wisconsin, as well as the District of Columbia.

         The Court previously approved Settlements with two of the Defendants in the lawsuit: Valle Foam Industries, Inc. and Domfoam International, Inc. Nine additional Settlements have been reached by the Class with these Defendants: (1) Carpenter Co. (“Carpenter”), (2) FFP Holdings LLC (f/k/a Flexible Foam Products, LLC and f/k/a Flexible Foam Products, Inc.) (“FFP”), (3) Future Foam Inc. (“Future Foam”), (4) FXI Holdings Inc. (formerly known as Foamex Innovations, Inc.) (“FXI”), (5) Hickory Springs Manufacturing Company (“Hickory Springs”), (6) Leggett & Platt, Incorporated (“Leggett”), (7) Mohawk Industries, Inc. (“Mohawk”), (8) Vitafoam Products Canada Limited and Vitafoam, Inc. (collectively, “Vitafoam”), and (9) Woodbridge Foam Corporation, Woodbridge Sales & Engineering, Inc., and Woodbridge Foam Fabricating, Inc. (collectively “Woodbridge”) (the “Additional Settling Defendants”), and the lawsuit will not proceed against them. The Settlements with the Additional Settling Defendants were reached on April 30, 2015 (Mohawk), May 8, 2015 (Woodbridge), May 18, 2015 (Leggett), May 22, 2015 (Carpenter), June 11, 2015 (Hickory Springs), June 15, 2015 (Vitafoam), July 17, 2015 (FFP), July 24, 2015 (Future Foam), and July 24, 2015 (FXI). On July 31, 2015, the Court granted preliminary approval of these Settlements and directed the Notice be disseminated to the Settlement Classes.

         Your legal rights are affected whether you act or don’t act. The Notice includes information on the Settlements with Carpenter, FFP, Future Foam, FXI, Hickory Springs, Leggett, Mohawk, Vitafoam, and Woodbridge.  You may be included in these Settlements if:


•    you bought, not for resale, any upholstered furniture (for example, a sofa with foam cushions), or carpet underlay (also known as carpet padding or carpet cushion), or bedding product (for example, mattresses, mattress toppers, or pillows) containing flexible polyurethane foam that was manufactured in the United States; and


•    which you purchased during the time period January 1, 1999 to August  1, 2015; and

•     which you purchased in one of the following states: Alabama, Arizona, California, Colorado, Florida, Hawaii, Illinois, Iowa, Kansas, Maine, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Nebraska, Nevada, New Hampshire, New Mexico, New York, North Carolina, North Dakota, Oregon, Rhode Island, South Dakota, Tennessee, Vermont, West Virginia, Wisconsin or the District of Columbia.

 

If you believe you are a class member and are included in the settlements under the definition above, please click here to download a copy of the claim form or click here to be directed to the online claims filing website.

 

To obtain the most up-to-date information, please visit this website for updates or call 866-302-7323.


 
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