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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 new settlement has been reached with 10 airlines to resolve antitrust allegations in a class action lawsuit.
The plaintiffs in the antitrust class action lawsuit alleged that certain airlines engaged in price-fixing schemes for surcharges, such as security and fuel surcharges, and by agreeing to prevent or eliminate surcharge discounts for Airfreight Shipping Services.
As a result of the alleged conspiracy, plaintiffs say they paid more for the services than they should have.
A judge did not side with a particular party in the case. In contrast, both the plaintiffs and the airlines came to a mutual agreement to settle the claims. The airlines deny wrongdoing.
Various groups of airlines have settled at different times, with the most recent settlements this year. Air China Limited, Air China Cargo Company Limited, Polar Air Cargo LLC and Polar Air Cargo Worldwide Inc. settled in February this year.
Air New Zealand followed last month and Air India, the last remaining defendant, shortly thereafter.
If final approval of all the settlements takes place in October, the total payout in the litigation will be $1.236 billion.
This current Air Cargo Settlement includes the following airlines:
- Air China Ltd.
- Air China Cargo Company Ltd.
- Air India
- Air New Zealand Ltd.
- Asiana Airlines Inc.
- Atlas Air Worldwide Holdings Inc
- Eva Airways Corporation
- Nippon Cargo Airlines Co. Ltd.
- Polar Air Cargo LLC
- Polar Air Cargo Worldwide Inc.
There have been four previous airline antitrust class action settlements that included the following airlines:
- Deutsche Lufthansa AG
- Lufthansa Cargo AG
- Swiss International Air Lines Ltd.
- All Nippon Airways Co. Ltd.
- American Airlines, Inc.
- AMR Corporation
- Cargolux Airlines International S.A..
- Japan Airlines International Co. Ltd.
- Koninklijke Luchtvaart Maatschappij N.V.
- Martinair Holland N.V.
- Qantas Airways Limited
- SAS Cargo Group A/S
- Scandinavian Airlines System
- Société Air France
- Thai Airways International Public Company Limited
- AC Cargo LP
- Aerolinhas Brasileiras S.A.
- Air Canada
- British Airways Plc
- El Al Israel Airlines Ltd.
- Emirates
- Lan Airlines S.A.
- Lan Cargo S.A.
- Malaysia Airlines
- South African Airways Ltd.
- Saudi Arabian Airlines Ltd.
- Cathay Pacific Airways Ltd.
- China Airlines Ltd.
- Korean Air Lines Co. Ltd.
- Singapore Airlines Cargo Pte Ltd.
- Singapore Airlines Limited
Who’s Eligible
To be included in the settlement, you must have directly purchased Airfreight Shipping Services to or from the United States from any of the airlines listed above (or their parents, predecessors, successors, subsidiaries or affiliates) between Jan. 1, 2000 and Sept. 30, 2006.
Potential Award
Varies.
The amount of payment depends on if the purchases were inbound (shipments to the U.S.) or outbound (shipments from the U.S.).
Inbound purchases will be valued at 1.625 times the dollar amount of such purchases. No multiplier will apply to outbound purchases.
Shipments within the U.S. will only be calculated for Asiana, EVA and Nippon Cargo settlements.
Proof of Purchase
In addition to filing a valid Claim Form, Class Members must also include shipping purchase records.
Claim Form
If you did not previously submit an approved Claim Form for the Second, Third, or Fourth Settlements, you must submit a Claim Form before Sept. 9, 2016.
If you previously submitted a claim form for the Second, Third, or Fourth Settlements, you do not need to submit another Claim Form, however, you may complete a supplemental Claim Form before the deadline for any Airfreight shipping services that occurred between the new dates of Sept. 12, 2006 and Sept. 30, 2006.
A link to the supplemental Claim Form can be found here.
Claim Form Deadline
09/09/2016
Case Name
In re Air Cargo Shipping Services Antitrust Litigation, MDL No. 1775 Master File 06-MD-1775 (BMC) (VVP), in the United States District Court for the Eastern District of New York.
Final Hearing
10/05/2016
Settlement Website
Claims Administrator
Air Cargo Settlement 5
c/o Garden City Group, LLC
P.O. Box 10083
Dublin, OH 43017-6683
1-855-382-6460
administrator@aircargosettlement5.com
Class Counsel
Michael D. Hausfeld
HAUSFELD LLP
Robert N. Kaplan
KAPLAN FOX & KILSHEIMER
Hollis Salzman
ROBINS KAPLAN LLP
Howard J. Sedran
LEVIN, FISHBEIN, SEDRAN & BERMAN
Defense Counsel
Sheron Korpis
KASOWITZ, BENSON, TORRES & FRIEDMAN
Roscoe C. Howard Jr.
BARNES & THORNBURG LLP
Counsel for Air New Zealand Limited
Evan Chesler
CRAVATH, SWAINE & MOORE LLP
Harvey Wolkoff
ROPES & GRAY LLP
Counsel for Air Cargo LLC, Polar Air Cargo Worldwide, Inc., and Atlas Air Worldwide Holdings, Inc.
George N. Tompkins III
Wilson Elser Moskowitz
EDELMAN & DICKER
Counsel for Air China Limited and Air China Cargo Company Limited
E. Christopher Murray
RUSKIN MOSCOU FALTISCHEK
Counsel for Air India Ltd.
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14 thoughts onAir Cargo Antitrust Class Action Lawsuit Settlement
TCA,
I just received an email tonight from Aircargo5 Settlement. They said they updated my new address for payment. Should I expect a payment? Is it true payments were made this summer?? Please help me.
Thank you
Have anyone received a payment (asking for a Friend)?!!!
Any news regarding receiving funds
I read in court documents that the remaining funds in this class action will go to the freight foward settlement and claimants in that settlement
Received a response to my email today from the settlement administrator. Checks were mailed to valid claimants on June 9th, 2017.
any updates ?
Checks were mailed June 9, 2017. Received that information today in response to my email to the settlement administrator
The Net Settlement Fund ($265,916,272.25) shall be distributed to class members who
have submitted valid claims, as determined by The Garden City Group, in the amounts The
Garden City Group recommends as set forth in Exhibit 4 to the Declaration of Lori L. Castaneda
Regarding Claims Administration for Air Cargo 5 Settlements, dated May 8, 2017.
IT IS SO ORDERED.
Dated: May 9, 2017
The Honorable Brian M. Cogan
Brooklyn, New York
IT SHOULDN’T BE LONG NOW.
I saw that. Now I wonder if my claim was approved. I called yesterday and the Secretary or whoever could not say. Waiting on a reply. Fingers crossed!
Did you ever receive your settlement funds or any more information on this?
Checks were mailed June 9th according to settlement administrator
I received a part of the claim form I needed to verify a couple months ago so hopefully distribution is not far off.
Hey any updates? I think they received an approval- Thanks in advance
Top Class Actions is not a Settlement Administrator. We do not process settlement claims and do not mail out settlement checks. We do not have access to any individual claim information.