Drywall Price-Fixing Class Action Settlement

A settlement has been reached in several class action lawsuits alleging certain drywall manufacturers engaged in a conspiracy to increase, fix or stabilize the prices of wallboard in violation of federal antitrust laws. According to the drywall antitrust class action lawsuits, the term “wallboard” refers to paper-backed gypsum wallboard, which is also known as plasterboard or drywall.

The drywall antitrust class action lawsuits accuse CertainTeed Gypsum Inc., USG Corporation, United States Gypsum Company, New NGC Inc., Lafarge North America Inc., Eagle Materials Inc., American Gypsum Company LLC, PABCO Building Products LLC and TIN Inc. of violating federal antitrust laws by conspiring to fix the prices of wallboard. These class action lawsuits were consolidated into multidistrict litigation titled In re: Domestic Drywall Antitrust Litigation.

By filing the drywall price-fixing class action lawsuits, the plaintiffs sought damages for the amount they were overcharged due to the alleged conspiracy. They also sought injunctive relief from the defendants.

The defendants deny they violated antitrust laws. While lawsuits against some defendants are still ongoing, TIN Inc., USG Corporation, United States Gypsum Company, and L&W Supply Corporation (a subsidiary of USG Corporation) have agreed to settle the price-fixing class action lawsuit. They have also agreed to cooperate in the litigation against the remaining defendants in the drywall price-fixing class action lawsuit. These drywall class action settlements received preliminary approval in March.

If you are a member of the direct purchaser Class and wish to exclude yourself from or object to the class action settlements, you must do so no later than June 4, 2015. If you are a member of the indirect purchaser Class and wish to exclude yourself or object to the class action settlements, you must do so no later than June 30, 2015. [See below for Class definitions.]

Who’s Eligible

Direct Purchaser Class: “If you purchased wallboard directly from one or more of the defendants or their subsidiaries between Jan. 1, 2012 and Nov. 30, 2014, you may be a member of the Direct Purchaser Settlement Classes certified by the Court, and your rights may be affected by the settlements with TIN and USG.” Direct purchasers may include contractors, drywallers, and other individuals/businesses that purchased drywall products directly from one of the defendants.

Indirect Purchaser Class: You may be a member of the Indirect Purchaser Class if you purchased wallboard for end use and not for resale. If you purchased drywall products from a company other than the defendant, such as Home Depot, Lowe’s, or another distributor, you may be a member of the Indirect Purchaser Class. Your rights may be affected by the class action settlements with TIN and USG.

Potential Award

To Be Determined. The money from the USG and TIN class action settlements will be held in an interest bearing account until the cases against the remaining defendants are resolved. Distribution of funds will be determined at a later date.

Proof of Purchase

N/A

Direct Purchaser Settlement Website

Indirect Purchaser Settlement Website

Claim Form Deadline

N/A. Claim Forms are not available at this time. Deadlines should be announced once the litigation against all defendants has been resolved.

Case Name

In re: Domestic Drywall Antitrust Litigation, MDL No. 2437, in the U.S. District Court for the Eastern District of Pennsylvania

Final Hearing

7/15/2015

Settlement Website

www.DrywallDirectPurchaserLitigation.com

www.IndirectDrywallSettlement.com

Claims Administrator

Indirect Domestic Drywall Litigation
c/o Heffler Claims Group
P.O. Box 58190
Philadelphia, PA 19102
1-855-229-7511

For questions about the direct purchaser class action settlement, call 1-888-706-3401.

Class Counsel

Direct Purchaser Class Counsel:
BERGER & MONTAGUE PC
COHEN MILSTEIN SELLERS & TOLL PLLC
SPECTOR ROSEMAN KODROFF & WILLIS PC

Indirect Purchaser Class Counsel:
BLOCK & LEVITON LLP
FINKELSTEIN THOMPSON LLP
GREEN & NOBLIN PC

Defense Counsel

BARTLIT BECK HERMAN PALENCHAR & SCOTT LLP