Judge Approves $197M Freight Forwarding Class Action Settlement

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A New York federal judge gave final approval to a $197 million freight forwarding class action lawsuit settlement. This is the second installment of settlements reached over allegations that numerous domestic and foreign freight providers conspired to fix prices for their services over a six-year time period.

U.S. District Judge John Gleeson said he held a final fairness hearing on Nov. 2 and no one objected to the proposed freight forwarding price-fixing class action settlement. Judge Gleeson decided to approve the 11 different settlement agreements stating that they are procedurally and substantively fair.

In his final approval, which will end the eight-year litigation, Judge Gleeson states, “Continued proceedings would likely involve some or all of the following necessities to present proof and litigate a case: voluminous discovery, dueling experts, trial preparation, damages calculations, and appeals of any adverse jury verdicts. Each of these stages involve risk.”

According to the freight forwarding class action settlement, the freight companies have guaranteed a settlement fund of $197 million. However, they have also consented to pay a percentage of the money they will receive from a separate multidistrict litigation that involves allegations of air cargo price-fixing.

The freight forwarding class action lawsuit was filed in 2008 by purchasers including Precision Associates Inc., Mail Boxes Etc. Inc. and JCK Industries Inc. The plaintiffs claimed that after the terrorist attacks on Sept. 11, 2001, the companies who provide a freight forwarding service between the United States, China, Japan, the United Kingdom, Taiwan and Hong Kong worked together to inflate and maintain new surcharges.

The alleged antitrust behaviors of the freight forward companies had a financial impact on individuals, small businesses as well as large corporations including Motorola Inc., Nike Inc. and Apple Inc.

The freight forwarding antitrust class action settlement comes two years after a first installment of settlements were approved by a New York federal court. In the initial round of price-fixing class action settlements, 10 defendants agreed to pay a minimum of $105 million.

The second round of settlements include the following 11 freight forwarding defendants:

• SDV Logistique Internationale
• Panalpina World Transport Ltd. and Panalpina, Inc.
• Geodis S.A. and Geodis Wilson USA, Inc.
• DSV A/S; DSV Solutions Holding and DSV Air & Sea Ltd.
• Jet Speed Logistics, Ltd., Jet Speed Air Cargo Forwarders Ltd, Jet Speed Logistics LLC and Jet-Speed Air Cargo Forwarders, Inc.
• Toll Global Forwarding Inc. and Baltrans Logistics, Inc.
• Agility Holdings, Inc., Agility Logistics Corp., Geologistics Corp. and Geologistics International Management Limited
• United Parcel Service, Inc. and UPS Supply Chain Solutions, Inc.
• Dachser GmbH & Co., KG, doing business as Dachser Intelligent Logistics, and Dachser Transport of America, Inc.
• Hankyu Hanshin Express Holding Corporation, Hankyu Hanshin Express Co., Ltd., Hanshin Air Cargo USA, Inc., Japan Aircargo Forwarders Association, Kintetsu World Express, Inc.,
• Kintetsu World Express Inc., “K” Line Logistics, Ltd., “K” Line Logistics Inc., MOL Logistics Co., Ltd., MOL Logistics Inc., Nippon Express Co., Ltd., Nippon Express USA, Inc., Nissin Corporation; Nissin International Transport U.S.A., Inc., Yamato Global Logistics Japan Co., Ltd., Yamato Transport U.S.A. Inc., Yusen Air & Sea Service Co., Ltd., and Yusen Air & Sea Service Inc.
• Deutsche Post AG, Danzas Corporation, doing business as DHL Global Forwarding, DHL Express Inc., DHL Global Forwarding Japan K.K., DHL Japan Inc., Exel Global Logistics, Inc., Air Express International USA, Inc.

 
Class Members will include hundreds of thousands of customers and businesses that used one of the mentioned freight forwarding services.

Freight forwarding class action lawsuit Class Members who submitted a valid Claim Form during the first round of settlements do not need to resubmit. The Claim Form deadline for the second round of freight forwarding settlements is March 31, 2016. More information about how to file a claim is available at the Freight Forwarding Class Action Settlement.

Purchasers are represented by Steven N. Williams and Adam J. Zapala of Cotchett Pitre & McCarthy LLP, W. Joseph Bruckner, Heidi M. Silton and Craig S. Davis of Lockridge Grindal Nauen PLLP, Daniel E. Gustafson, Daniel C. Hedlund, Michelle J. Looby and Joshua Rissman of Gustafson Gluek PLLC, and Christopher Lovell and Benjamin M. Jaccarino ofLovell Stewart Halebian Jacobson LLP.

The Freight Forwarding Antitrust Class Action Lawsuit Settlement is Precision Associates Inc., et al. v. Panalpina World Transport (Holding) LTD, et al., Case No. 1:08-cv-00042, in the U.S. District Court for the Eastern District of New York.