In re Polyurethane Foam
Antitrust Litigation
www.flexiblepolyurethanefoamsettlement.com

Vitafoam and Domfoam Settlement Frequently Asked Questions

Plaintiffs previously settled with the Vitafoam Defendants and the Domfoam Defendants. All action deadlines relating to the Vitafoam Settlement and Domfoam Settlement have passed. The Court approved the Vitafoam Settlement and Domfoam Settlement on June 21, 2013. The below FAQs were previously available at the time of the Settlements on this website and are included for reference only.

Plaintiffs allege that the Defendants conspired to fix, raise, stabilize, or maintain the prices of Flexible Polyurethane Foam. Plaintiffs allege that this price fixing conspiracy caused direct purchasers to pay more for Flexible Polyurethane Foam than they would have otherwise paid. The Vitafoam Settlement is between Plaintiffs and the Vitafoam Defendants only. The Domfoam Settlement is between Plaintiffs and the Domfoam Parties only. The settlements do not affect any of the remaining non-settling Defendants, against whom this case continues.

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Plaintiffs and the Vitafoam Defendants have agreed that the Vitafoam Settlement Class is defined as follows:

THE CLASS DEFINITION FOR THE VITAFOAM SETTLEMENT IS THE SAME AS THE CLASS DEFINITION FOR THE DOMFOAM SETTLEMENT EXCEPT WITH RESPECT TO THE SPECIFIC PARTIES IDENTIFIED AS EXCLUDED FROM EACH CLASS: All Direct Purchaser Plaintiffs that purchased Flexible Polyurethane Foam in the United States directly from a Defendant or Co-conspirator from January 1, 1999 through August 2010.

Excluded from the Settlement Class are: 1) Defendants and Co-conspirators and their respective parents, subsidiaries, and affiliates; and 2) any Direct Purchaser who timely elects to be excluded from this Settlement.

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The Vitafoam Settlement provides that the Vitafoam Defendants pay $5,000,000 to a fund to compensate Vitafoam Settlement Class Members and provide substantial and immediate cooperation with Plaintiffs. The Vitafoam Defendants have also agreed to make an additional payment of not less than $4,000,000 and up to a maximum of $10,000,000 when they resolve any claims they are currently pursuing as plaintiffs in In re Urethane Antitrust Litigation, 04-md-1616 (JWL) (D.Kan.). Initial Vitafoam Settlement checks mailed to eligible Class Members on December 30, 2013.

The Domfoam Settlement provides that in exchange for the voluntary dismissal without prejudice of all claims against the bankrupt Corporate Domfoam Defendants and the release of other parties, the Domfoam Parties agree to significant and meaningful cooperation with Plaintiffs in this case.

If you purchased flexible polyurethane foam or flexible polyurethane foam products in the United States directly from a Defendant or Co-conspirator from January 1, 1999 through August 2010, you are a potential Class Member. Details of the settlements and identities of the settling and non-settling Defendants and Co-conspirators are available in the Class Notice.

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Initial Vitafoam Settlement checks mailed to eligible Class Members on December 30, 2013. Eligible Class Members are entitled to a pro rata share of the Settlement based on their eligible Class Period purchases of Flexible Polyurethane Foam, or a total sum of $20.00, whichever is greater.

An additional round of funding into the Vitafoam Settlement resulted in a second distribution to eligible Class Members. Settlement checks were mailed on June 17, 2016. There was no minimum payment established for this award and all awards were a pro rata share of the available Settlement Funds based on their eligible Class Period purchases of Flexible Polyurethane Foam. More details about this distribution can be found Court’s Order approving distribution of Settlement Funds on the Court Documents page.

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The Vitafoam Settlement Claim Form deadline was April 30, 2013.

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Plaintiffs and the Domfoam Parties have agreed that for purposes of the Domfoam Settlement, the Domfoam Settlement Class is defined as follows:

THE CLASS DEFINITIONS FOR THE VITAFOAM SETTLEMENT AND THE DOMFOAM SETTLEMENTS ARE THE SAME, EXCEPT WITH RESPECT TO THE SPECIFIC PARTIES IDENTIFIED AS EXCLUDED FROM EACH SETTLEMENT CLASS: All persons who purchased Flexible Polyurethane Foam in the United States directly from the Defendants in the Action and/or an Alleged Co-Conspirator at any time from January 1, 1999 through August 2010 (defined as the “Class Period”).

Excluded from the Class are the Voluntary Dismissal Defendants and their representatives, parents, subsidiaries and affiliates, and any of their officers, directors, or employees, and the Non-Settling Defendants and their representatives, parents, subsidiaries and affiliates, and any of their officers, directors, or employees. Also excluded from the Class are all federal, state, and local governmental entities, any judge, justice or judicial officer presiding over this matter and the members of their immediate families and judicial staffs.

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The Domfoam Settlement will provide that in exchange for the voluntary dismissal without prejudice of all claims against the bankrupt defendants and the release of other parties, the Domfoam Parties will agree to significant and meaningful cooperation with Plaintiffs in this case.

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Attorneys and their law firms that have represented Plaintiffs in this case are referred to as Class Counsel. Class Counsel applied to the Court for an award from the Vitafoam Settlement Fund of attorneys’ fees and for reimbursement of litigation costs and expenses incurred. The attorneys' fees for which Class Counsel applied are in compensation for their time and the risk they assumed in prosecuting the litigation on a wholly contingent fee basis. Class Counsel’s motion for attorneys’ fees and reimbursement of expenses can be found here. The Court approved Class Counsel’s motion for attorneys’ fees and reimbursement of expenses on June 21, 2013.

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The Court approved the Vitafoam Settlement and Domfoam Settlement on June 21, 2013. The Vitafoam Settlement is binding to all members of the Vitafoam Settlement Class. By remaining part of the Vitafoam Settlement Class you gave up any claims against the Vitafoam Defendants relating to the claims made or which could have been made in this lawsuit. By remaining a part of the Vitafoam Settlement Class, you retain all claims against all other Defendants, named and unnamed (other than the Domfoam Parties if you remained a member of the Domfoam Settlement Class). The Domfoam Settlement is binding upon all members of the Domfoam Settlement Class. By remaining part of the Domfoam Settlement Class you gave up any claims against the released Domfoam Parties relating to the claims made or which could have been made in this lawsuit. By remaining a part of the Domfoam Settlement Class, you will retain all claims against all other Defendants, named and unnamed (other than the Vitafoam Defendants if you remained a member of the Vitafoam Settlement Class).

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The Vitafoam Settlement Class and the Domfoam Settlement Class are represented by the following attorneys:

William A. Isaacson
BOIES, SCHILLER & FLEXNER LLP
5301 Wisconsin Avenue, NW
Washington, DC 20015
Phone: 202-237-5607
Fax: 202-237-6131

Stephen R. Neuwirth
QUINN EMANUEL URQUHART & SULLIVAN, LLP
51 Madison Avenue, 22nd Floor
New York, NY 10010
Phone: 212-849-7165
Fax: 212-849-7100

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The Court held a Fairness Hearing at 10:00 a.m. on May 7, 2013, at the following address:

United States District Court
James M. Ashley and Thomas W. L. Ashley U.S. Courthouse
1716 Spielbusch Avenue
Toledo, OH 43604

The Court approved the Vitafoam Settlement and Domfoam Settlement on June 21, 2013.

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If you are a potential Vitafoam or Domfoam Settlement Class Member, you could have objected to or otherwise commentted on any term of the Vitafoam or Domfoam Settlement(s) or Vitafoam or Domfoam Settlement Class(es) by sending a written objection explaining the precise reason or reasons for the objection(s). To be timely, your objection(s) must have been mailed to the Court, Counsel for Plaintiffs, Counsel for the Vitafoam Defendants, and Counsel for the Domfoam Parties, postmarked no later than April 30, 2013. In order for the Court to consider your objection, your objection must have been sent by first-class mail postmarked by, or pre-paid delivery service to be hand-delivered by April 30, 2013.

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If you wanted to exclude yourself from the Vitafoam and/or Domfoam Settlement Class(es), you must have submitted a written request requesting exclusion and specifying the Settlement(s) from which you wish to be excluded. The request must have been postmarked no later than April 30, 2013. If you properly exclude yourself, you will not be bound by the specific Settlement(s), but you will not be eligible to participate in the potential benefits. Your request for exclusion must have been sent by first-class mail postmarked by, or pre-paid delivery service to be hand-delivered by April 30, 2013.

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If you did nothing, and you fall within the definition of the Vitafoam Settlement Class and the Domfoam Settlement Class, you will remain a member of the Vitafoam Settlement Class and the Domfoam Settlement Class. As a member of the Vitafoam Settlement Class and the Domfoam Settlement Class, you will be represented by the law firms listed above in the answer to Question No. 10. You will not be charged a fee for the services of such counsel and any other class counsel. Rather, counsel will be paid, if at all, from some portion of whatever money they may ultimately recover for you and other members of the Vitafoam Settlement Class. If you want to be represented by your own lawyer, you may hire one at your own expense.

However, you must have submitted a timely Vitafoam Settlement Claim Form in order to be considered for any monetary benefit from the Vitafoam Settlement Fund.

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Additional information concerning the matters discussed in the Notice may be obtained from the pleadings, orders, transcripts of hearings and other proceedings, and other documents filed in these actions, all of which can be downloaded from this website. The Court Documents may also be inspected free of charge during regular business hours at the Office of the Clerk of the Court. You may also obtain more information by calling the toll-free helpline at 1 (888) 331-9196. If your present address is different from the address on the envelope in which you received the Notice, or you did not receive a Notice directly but believe you should have, please call the toll free helpline at 1 (888) 331-9196 or download a copy of the Notice from this website.

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