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This settlement is closed!
Please see what other class action settlements you might qualify to claim cash from in our Open Settlements directory!
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 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
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.
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10 thoughts onFlexible Polyurethane Foam Class Action Settlement
As John said, these settlements are for those companies that purchased foam directly from the defendants and not through a third-party distributor or product. For the indirect purchaser settlement, please see https://topclassactions.com/lawsuit-settlements/closed-settlements/144589-flexible-polyurethane-foam-indirect-purchaser-class-action-settlement/?lang=es.
Checks were mailed on June 17, 2016 for the settlements involving Vitafoam, Carpenter, Leggett & Platt, FFP, FXI, Future Foam, Hickory Springs, Mohawk, and Woodbridge for those eligible direct purchaser companies.
THIS IS THE DIRECT SETTLEMENT PEOPLE! IF YOU ARE NOT A BUSINESS THAN THIS PROBABLY IS NOT THE SETTLEMENT YOU THINK IT IS. THE INDIRECT IS ON PAGE 3
Hopefully by the end of 2016. My email said with a class this large it could take a year from the final date which I believe is 2/29/16
Nothing here yet in Atlanta, Georgia
Does the foam cause cancer? It was on dr. Oz.
I have purchased a mattress and couch. The labels read Polyethylene pad and Polyethylene foam. Would this qualify for a claim? Couch was purchased at Basset furniture and mattress at Sit and sleep.
anyone know the pay out on this one?
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 http://www.PolyFoamClassAction.com for details.
does Mohawk carpet pad fall into this category???
Clearly price fixing pays. 108M settlement for how many years and what was their revenue over that time period?