Flexible Polyurethane Foam Class Action Settlement

A court has certified a Class in a class action lawsuit alleging manufacturers and suppliers of flexible polyurethane foam conspired to fix the prices of the product in violation of antitrust laws. Four of the defendants have already agreed to settle the allegations, and more manufacturers may also agree to class action settlements in the future. If you are a direct purchaser of flexible polyurethane foam, your rights may be affected.

The polyurethane foam class action lawsuit alleges that a number of foam manufacturers and suppliers conspired to fix, raise, stabilize or maintain the prices of flexible polyurethane foam, causing direct purchasers to pay inflated prices for the foam products.

Leggett & Platt has agreed to pay nearly $40 million to settle allegations it conspired to fix the prices of flexible polyurethane foam. Carpenter Co., E.R. Carpenter LP and Carpenter Holdings Inc. have agreed to pay $108 million to settle the antitrust class action lawsuit. These settling defendants have also agreed to cooperate in the antitrust investigation against the remaining defendants.

Vitafoam and Domfoam agreed to separate class action settlements, which were approved in June 2013.

The defendants deny the allegations and deny that they did anything wrong. Further, they deny that the direct purchasers paid more for the polyurethane foam products.

A trial date of March 31, 2015 has been scheduled for the case to proceed against the non-settling defendants. The non-settling defendants include:

• FFP Holdings LLP (formerly known as Flexible Foam Products Inc.)
• FXI – Foamex Innovations Inc.
• Future Foam Inc.
• Hickory Springs Manufacturing Company
• Mohawk Industries Inc.
• Woodbridge Foam Corporation
• Woodbridge Sales & Engineering Inc.
• Woodbridge Foam Fabricating Inc.
• Louis Carson
• David Carson

Who’s Eligible

Class Members of the polyurethane foam class action lawsuit, the Leggett & Platt class action settlement and the Carpenter class action settlement include: “All persons or entities that purchased flexible polyurethane foam (but excluding molded foam) directly from Defendants and/or their co-conspirators from January 1, 1999 to July 31, 2010 for purchase from or delivery into the United States.”

If you fall within this definition, you a member of all three Classes.

Potential Award

Varies. The funds from the Leggett & Platt and Carpenter class action settlements will be distributed according to a “Plan of Allocation” that must be approved by the court. The pro rata share each Class Member will receive will be based on the dollar amount of their direct purchases.

Proof of Purchase

You may be asked to provide information about your flexible polyurethane foam purchases, including the amount paid.

Claim Form

Claim Form Deadline

1/26/2015. NOTE: If you filed a valid and timely Claim Form in the Vitafoam class action settlement, you do not need to submit a new Claim Form for those same purchases.

Case Name

In re: Polyurethane Foam Antitrust Litigation, Case No. 1:10-md-02196-JZ, in the U.S. District Court for the Northern District of Ohio

Final Hearing

2/3/2015

Settlement Website

http://www.FlexiblePolyUrethaneFoamSettlement.com/

Claims Administrator

In re: Polyuretahne Foam Antitrust Litigation
c/o GCG
P.O. Box 9907
Dublin, OH 43017-5807
1-888-331-9196

Class Counsel

BOIES SCHILLER & FLEXNER LLP

QUINN EMANUEL URQUHART & SULLIVAN LLP

Defense Counsel

TAFT STETTINIUS & HOLLISTER LLP

SHOOK HARDY & BACON LLP

MCGUIREWOODS LLP

UPDATE: If you purchased a product that contains flexible polyurethane foam, such a couch, mattress or carpet padding, you may be entitled to a cash payment from a class action settlement. Find out more here or visit www.PolyFoamClassAction.com for details.